AMARNATH JAISWAL Vs. BISWANATH AGRAWAL

JUDGEMENT

(1.) Calling in question the legal preganability of the Judgment dated 13th January, 2012 passed by the learned Judicial Magistrate, 5th Court at Barrackpore and the Judgment passed by the learned Additional Sessions Judge, Fast Track Court 3, of Barrackpore on 16.08.2013 in Criminal Appeal No. 3 of 2012, the petitioner has filed this application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) According to the petitioner, the learned Courts below failed to appreciate the position of law and the evidence in its proper perspectives and specifically the evidence of D.W. 1 was not at all considered properly. There are discrepancies in the evidence, yet the learned Courts below held him guilty.

(3.) In the interest of effective adjudication factual aspect needs to be restated. The complaint case in a capsulated form is such that he is one of the partners of M/s Barrackpore Auto Services and the accused took a loan of Rs.5,00,000/- (Rupees Five Lakhs) from the complainant to meet his financial problem and he undertook to repay the same after getting a bank loan. The accused, in discharge of his liability to repay, had issued one account pay cheque bearing No. 546103 dated 24.01.2004 for Rs.2,50,000/- drawn on ABN AMRO Bank, Durganagar Branch in favour of the complainant. The complainant thereafter presented the said cheque for encashment but the cheque was dishonoured with a remark of the concerned bank "full cover not received." The said intimation was given to the complainant on 22.01.2004. Thereafter, the complainant sent a demand notice as per law by registered post with A.D. asking the accused to pay the amount of aforesaid dishonour cheques and the said notice was received by the accused on 26.02.2004. In spite of that notice the accused did not pay any single farthing within the stipulated period which compelled the complainant to initiate the proceeding against him.