PRAFULLA KUMAR PRUSTY Vs. RAMESH CHANDRA BEHERA

JUDGEMENT

(1.) The petitioner Prafulla Kumar Prusty @ Prafulla Chandra Prusty is the complainant in a case under sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter 'N.I. Act').

(2.) The complaint petition was filed before the learned J.M.F.C., Jajpur Road vide I.C.C. No.331 of 2013 against the opposite party Ramesh Chandra Behera who faced trial in the said Court and was found guilty under sec. 138 of the N.I. Act and sentenced to undergo simple imprisonment for a period of six months and was also directed to pay a sum of Rs.5,44,000.00 (rupees five lakhs forty four thousand only) to the complainant as compensation under sec. 357(3) of Cr.P.C., in default of payment of compensation, to undergo simple imprisonment for a further period of one month.

(3.) The opposite party Ramesh Chandra Behera preferred an appeal in the Court of Session which was heard by the learned Addl. Sessions Judge, Jajpur Road in Criminal Appeal No.03 of 2019 and the learned Appellate Court vide impugned judgment and order dtd. 8/2/2021, allowed the appeal and set aside the judgment and order of conviction passed by the learned trial Court.