KRUSHNA CHANDRA MOHANTY Vs. GOPINATH MOHAPATRA

JUDGEMENT

(1.) In this revision U/s.401 of Cr.P.C. the petitioner has challenged the judgment dtd.01.08.1996 passed by the Sessions Judge, Puri in Criminal Appeal No.16 of 1995 in maintaining the conviction of petitioner U/s.138 of Negotiable Instruments Act, 1881 (for brevity 'the N.I. Act') as held by the learned Judicial Magistrate First Class, Puri in I.C.C. No.151 of 1993 vide his judgment dtd.23.1.1995. While doing so, the Appellate Court had reduced the sentence of one year simple imprisonment passed by the learned Trial Court to that of six months.

(2.) The case of prosecution in brief is that the present petitioner, as accused, to discharge a debt, had issued a cheque for Rs.30,000/- on 26.07.1993, drawn on Allahabad Bank, Puri in favour of opposite party - complainant. The said cheque having been dishonoured for 'stop payment instruction', the complainant issued notice on 13.09.1993 and for having received reply on 10.09.1993 denying his liability, was constrained to file complaint case I.C.C. No.151 of 1993. The accused - petitioner faced trial.

(3.) In proof of his case, complainant examined four witnesses including himself. Defence examined none.