PULIN BEHARI PAHARI Vs. GOUR SUNDER JANA

JUDGEMENT

(1.) Both the revision petitions are taken up together for hearing and disposed of by a common order.

(2.) Two cheques, one bearing No.22277 dated 15.10.2007 for Rs.30,000/- and another bearing No.22278 dated 26.10.2007 for Rs.18,43,323/-, both drawn on Development Credit Bank Ltd., Gariahat Branch were allegedly issued by the petitioner in favour of the opposite party. The cheques on presentation were returned dishonoured to the opposite party on 22.12.2007. Cheque for Rs.30,000/- was returned with the remark "payment stopped by the drawer" and the cheque for Rs.18,43,323/- was returned with the remark "funds insufficient".

(3.) Demand notices were issued by the petitioner through registered speed post with acknowledgement due card which was returned to the opposite party on 24.1.2008. Another set of demand notices were issued at another address of the petitioner which were served and such intimation was communicated to the opposite party by the Superintendent of Post Office, Contai. The petitioner failed and neglected to make payment and hence two prosecutions being C.R. Case No.47 of 2008 and C.R. No.48 of 2008 were instituted in respect of the aforesaid cheques. In the course of trial, the opposite party examined himself and exhibited a number of documents including the dishonoured cheques, bank return memos, demand notices and the reply dated 15.2.2008 given by the lawyer of the petitioner to the said demand notices.