NANKA SINGH Vs. KISHORE CHANDRA SAHU

JUDGEMENT

(1.) The petitioner (accused) has filed this revision questioning the legality and propriety of the judgment dated 02. 12.2016 passed by the learned IInd Additional District and Sessions Judge, Rourkela in Criminal Appeal No.26 of 2014 confirming the judgment of conviction and order of sentence dtd. 14/8/2014 passed by the learned J.M.F.C., Rourkela in I.C.C. Case No.498 of 2012 (Trial No.361 of 2013) initiated at the instance of the opposite party no.1, as the complainant.

(2.) The case of the complainant is that the accused, being a friend of the complainant, had taken a friendly loan of Rs.50,000.00 from him in the month of April, 2010 with an assurance to repay the same within a month for which the accused had issued a cheque of Rs.50,000.00 bearing No.174372 on 4/7/2012 drawn on State Bank of India, Sector-1, Rourkela Shaktinagar Branch in favour of the complainant. The cheque, being presented for collection, it bounced back with the remarks that "funds insufficient". So, the complainant issued a demand notice in terms of clause(b) of proviso to sec. 138 of the NI Act by registered post with AD on 24/8/2012, which was received by the accused on 28/8/2012 and when the accused did not pay any heed to the same, the complaint has been lodged on 13/9/2012.

(3.) The accused, in the trial, took a plea that he had taken a friendly loan of Rs.50,000.00 and issued the cheque in question and paid a part therefrom.