DIPAK KUMAR DAS Vs. DILIP KUMAR ROY

JUDGEMENT

(1.) The instant revision petition is filed against the judgment dated 06.07.2010 passed by the learned Sessions Judge, South Tripura, Udaipur in Crl. A. No. 10(2) of 2010 dismissing the appeal and affirming the judgment dated 05.04.2010 passed by the learned Chief Judicial Magistrate, South Tripura, Udaipur, in C.R. Case No. 367 of 2007 sentencing the convict petitioner to suffer R.I for 6 months and to pay a fine of Rs. 4,50,000/ - under Sec. 138 of the Negotiable Instruments Act, 1881 in default to suffer further R.I for one month.

(2.) Heard Mr. D. chakraborty, learned Sr. Counsel assisted by Mr. H. Laskar, learned counsel appearing for the petitioner and Mr. A. Das, learned counsel appearing for the respondent.

(3.) The case of the complainant respondent, in short compass, is that he has well acquaintance with the convict petitioner, Sri Dipak Kr. Das and there were monitory transactions between them. The convict petitioner in order to discharge his debts and liabilities towards the complainant respondent issued a cheque bearing No. S.B.00/202/968844 dated 17.03.2007 of Rs. 4,50,000/ - to be drawn on the SBI, Udaipur Branch, South Tripura. On 05.04.2007, the complainant respondent presented the said cheque at Tripura State Co -operative Bank, Udaipur Branch, in his account No. CC 7/96/97. But on 13.04.2007, the State Co -operative Bank returned the cheque due to lack of fund in account of the convict petitioner bearing No. 01190011781 in the SBI, Udaipur Branch, South Tripura.