SURENDRANATH KAR Vs. BHABA DULAL BOSE

JUDGEMENT

(1.) THIS Criminal Revision is directed against he order dated 28.06.2005 passed by the Ad hoc Addl. Sessions Judge, FTC No.I, Cuttack in Criminal Appeal No.72 of 2003 confirming the judgment dated 12.11.2003 passed by the learned J.M.F.C., Cuttack in I.C.C. Case No.113 of 2002/Trial No.503 of 2003.

(2.) THE case of the prosecution is that the accused -petitioner in course of his business transaction purchased flour, Maida, etc. from the complainant and issued three cheques for a total amount of Rs.3,98,500/ -. The complainant presented the said cheques for clearance with his banker, but the same were dishonoured due to insufficient fund in the account of the accused -petitioner. On being intimated regarding the dishonour of cheques, the complainant sent demand notice to the accused -petitioner asking for payment. In spite of notice, the accused -petitioner failed to make any payment, for which the above noted complaint was filed.

(3.) IN order to prove its case, prosecution examined as many as three witnesses and exhibited thirteen documents. The defence examined one witness and exhibited one document. The learned J.M.F.C., who tried the case, by his judgment dated 12.11.2003 convicted the petitioner under Section 138 of the N.I. Act and sentenced him to undergo S.I. for seven months and pay a fine of Rs.4,000/ - in default to undergo S.I. for another one month which shall run consecutively. He further directed the petitioner to pay a sum of Rs.3,98,500/ - to the complainant as compensation. Against that order, the petitioner preferred Criminal Appeal No.72 of 2003 before the learned Addl. Sessions Judge, FTC No.1, Cuttack, who after hearing the parties by judgment dated 28.06.2005 confirmed the order of conviction and sentence passed by the learned J.M.F.C. and dismissed the appeal.