OMKARNATH SAHOO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order and judgment dtd. 18/12/2018 passed by the Learned Sessions Judge, Purba Medinipur in connection with Criminal Appeal No.7/2018 affirming the conviction of the petitioner under Sec. 138 of the Negotiable Instrument Act and sentencing him to suffer simple imprisonment for two months and to pay a compensation of Rs.6,00,000.00 to the Opposite Party No.2 within one month and in default of payment of compensation the petitioner shall have to undergo simple imprisonment for a period of one (1) year though the Learned Judicial Magistrate, 1st court, Tamluk, Purba Medinipur sentenced him to suffer simple imprisonment for two months and to pay a fine of Rs.5,000.00 i.e. to suffer simple imprisonment for one month and directed payment of compensation of Rs.4,00,000.00 to the Opposite Party No.2 within three months from the date of order by way of depositing the same with the judicial cashier of the court in default of which the Opposite Party No.2 would be at liberty to execute the order in terms of S.357 of the Code of Criminal procedure after a lapse of three months from the date of the order in connection with C.R. Case No.335/12 corresponding to T.R. No.263/12.

(2.) The petitioner states that the Opposite Party No.2 lodged a written complaint in the Court of the Learned Chief Judicial Magistrate, Purba Medinipur on 16/7/2012 alleging inter alia that the opposite party no. 2 is a businessman having good acquaintance with the petitioner and on request gave him a loan of Rs.3,60,000.00 on 10/12/2011 an being assured that the petitioner would pay back the amount within a few months on demand the transaction took place on the basis of a verbal agreement and thereafter on request the petitioner gave the opposite party no.2 one account payee cheque bearing no. 862843 dated on 16/5/2012 for the entire amount of loan of Rs.3,60,000.00 drawn upon Punjab National Bank, Nonakuri Bazar Branch, Purba Medinipur.

(3.) The cheque was dishonoured on presentation and returned to the opposite party no. 2 on 31/5/2012 with the endorsement of 'Insufficient Funds'.