PANCHANAN SASMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner being aggrieved and dissatisfied with the impugned judgment and order dtd. 28/03/2012 passed by learned Additional District and Sessions Judge, Fast Track, 2nd Court, Haldia in Criminal Appeal No. 734 of 2011, thereby dismissing the appeal and affirming the judgment and order dtd. 13/6/2011 passed by learned Additional Chief Judicial Magistrate, Haldia, in C.R. Case No. 146 of 2006 under sec. 138 of The Negotiable Instruments Act, where the petitioner was convicted for the offence under sec. 138 of The Negotiable Instrument Act and was sentenced to simple imprisonment for one day till rising of the Court and to pay compensation of Rs.6,00000.00 to the complainant.

(2.) The fact of the case leading to this criminal revision is that the Opposite Party no. 2 lodged a complaint against the petitioner alleging inter alia, that the petitioner as a partner of Prasenjit Hardware had taken a loan of Rs.6,15,676.00 from him and the petitioner in discharge of such liability issued cheque bearing number 0018310 dtd. 19/2/2005 for Rs.4,00000.00 in favour of the complainant which was dishonoured on being presented to the payee 's bank. The petitioner thereafter on 31/1/2006 issued a cheque bearing number 0018310 for Rs.4,00,000.00 and another cheque bearing number 0018309 dtd. 1/2/2006 for Rs.2,15,676.00 in favour of the complainant. Both the cheques on being presented were dishonoure due to insufficient fund. A demand notice was issued and delivered to the petitioner on 04/03/2006. As the petitioner failed to make any payment against the demand made by the complainant, a complaint was filed before the Court of learned Additional Chief Judicial Magistrate, Haldia on 29/3/2006 which was registered as C.R. Case No. 146 of 2006.

(3.) The substance of accusation was stated to the petitioner and on his pleading not guilty, trial commenced. Opposite party no.2/the complainant examined himself as P.W. 1 and the petitioner examined himself as D.W. 1. Documents in the case were marked as Exbt 1 to Exbt 8/2. The cheque have been marked as Exbt. 3,5 and 6. The Return memos have been marked as 'Exbt. 4 and 7 and the Demand Notice as '?xbt 8, the postal receipt as Exbt. 8/1 and A/D Card as Exbt. 8/2. Documents produced by accused have been marked as Exbt. A to Exbt. G. DW-1 in his evidence has deposed that he has a Cash Credit Account with the Central Bank of India in the name of Prasenjit Hardware being account no. CC-867. In the year 2004 during August to September there was an overdrafts of Rs.6,00000.00 from his account and as he applied for loan, the Bank Manager requested him to deposit Rs.4,00000.00 . He has admitted that at the relevant time complainant was present in the room and he offered to accept a loan of Rs.4,00000.00 in order to deposit the same in the bank account of the accused petitioner. DW-1 also deposed that the complainant issued cheque bearing No. 259 of Rs.4,00000.00 in his favour. During his examination under sec. 313 of the Cr. P.C the petitioner admitted having issued a cheque of Rs.4,00000.00 in favour of the petitioner and that he received the Demand notice issued by the complainant/ opposite party No. 2.