ASHISH SUBBA Vs. MANOJ KUMAR AGARWAL & ANR.

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated 06.06.2016 passed by the learned Additional Sessions Judge, Kalimpong in Criminal Appeal No.01 of 2015 affirming the judgment and order dated 07.04.2015 passed by the Learned Additional Chief Judicial Magistrate in C.R. Case No.23 of 2013 convicting the petitioner for commission of offence under Section 138 of the Negotiable Instruments Act and sentencing him to suffer simple imprisonment of one year and also to pay a fine of Rs.11,50,000/- within one month from the date of judgment, in default, to suffer simple imprisonment for six months with a further direction that the fine amount is realised shall be paid to the opposite party/complainant.

(2.) The prosecution case against the petitioner is to the effect that pursuant to an agreement for sale dated 12.06.2011 the petitioner issued a cheque for Rs. 8,53,531.51/- bearing no.002774 in favour of the complainant, which upon presentation was returned unpaid with the endorsement "fund insufficient" and upon demand notice dated 11.11.2013 being served upon the petitioner, he failed to pay the said amount and, therefore, the prosecution case was launched against him. In course of trial, the opposite party/complainant examined himself and exhibited a number of documents. The defence of the petitioner was to the effect that the agreement for sale was a nullity and that there was no illegal enforceable debt or liability towards the opposite party/complainant. It was further defence of the petitioner that the notice of dishonour had not been served upon him at his known address.

(3.) Upon consideration of the evidence on record, the trial court by judgment and order dated 06.06.2016 passed the impugned judgment and order of conviction and sentence, as aforesaid.