DURYODHAN KHUNTIA Vs. ALI AHMED

JUDGEMENT

(1.) THE petitioner has been convicted u/s. 420 I.P.C. sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2,000/ -; in default, to undergo further rigorous imprisonment for three months. Out of the fine, if realised, Rs. 1,000/ - has been ordered to be paid to the complainant -opposite party as compensation for the loss sustained by him.

(2.) THE case of the opposite party is that on 6 -1 -66 the petitioner approached him in the company of P.W. 2 and one False Haque and wanted an amount of Rs. 3,000/ - in cash to meet certain urgent needs. He delivered to the opposite party a cheque for Rs. 3,000/ - drawn on the United Commercial Bank in favour of the opposite Party representing he has an account there and received the amount in cash. On 22 -1 -66, the opposite party presented the cheque for encashment at the Bank. The cheque was dishonoured on the ground that the petitioner has not sufficient funds to his credit to cover the cheque. Therefore, the opposite party approached the petitioner for repayment, but the latter not having done so, the former filed the complaint on which the prosecution was initiated.

(3.) THE learned Magistrate accepted the complainant's case, rejected the defence version, convicted the petitioner u/s. 420, I.P.C. and sentenced him as above. On appeal the conviction and sentence have been confirmed by the learned Additional Sessions Judge.