MAKARADHWAJ BEHERA Vs. SATYANATH MAHANTA

JUDGEMENT

(1.) The order of conviction and sentence passed by learned S. D. J. M., Rairangpur in I. C. C. No. 39/1992 which was confirmed by learned Addl. Sessions Judge, Rairangpur in Crl. Appeal No. 116/ 92 of 1997-95 is assailed in this Crl. Revision invoking inherent jurisdiction of this Court under Section 397 read with Section 401 of the Cr. P. C.

(2.) Opp. party No. 1 filed a complaint petition, inter alia, alleging commission of offences under Section 138 of the Negotiable Instruments Act and the said complaint petition was registered as I. C. C. No. 39/92 in the Court of S. D. J. M., Rairangpur. It was alleged that a cheque issued by the petitioner for an amount of Rs. 14,000/- payable at Canara Bank, Telegaon Branch when tendered bounced on 26-6-1992 with an endorsement "insufficient funds in the account." It was averred in the complaint petition that a lawyer's notice was issued by registered post to the petitioner, but then the same returned to the complainant with an endorsement that the addressee was absent for six to seven days. Thereafter after waiting for the statutory period, the complaint petition was filed.

(3.) The plea of the petitioner was complete denial.