ABRAHAM THOMAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The matter was previously listed for hearing on 9/6/2020, but the petitioner's side had remained unrepresented and while adjourning the matter for ends of justice, it was made clear that if the petitioner remains unrepresented, the matter would be heard on the basis of materials available on record. Today, when the matter was called, none appears for petitioner on call. Therefore, the Court has proceeded to hear Mr. R.C. Sancheti, learned counsel for the respondent no.2 and Mr. N.K. Kalita along with Mrs. S.H. Bora, both learned APP for the State respondent no.1.

(2.) This revision filed under Sec. 397 read with Sec. 401 CrPC is directed against the appellate judgment and order dtd. 11/2/2011, passed by the learned Addl. Sessions Judge, Kamrup, Guwahati in Crl. Appeal No. 3/2010, thereby dismissing the appeal and affirming the judgment and sentence passed by the learned Judicial Magistrate, First Class, Kamrup, Guwahati in Case No. 2935c/2006, thereby sentencing the petitioner to undergo simple imprisonment for 6 (six months under Sec. 138 of the Negotiable Instruments Act, 1881. In view of the dishonour of four cheques of Rs.50,000.00 each, it was ordered that the petitioner shall pay an amount of Rs.2,50,000.00 (Rupees Two lakh fifty thousand only to the respondent no.2 as compensation within three months from the date of judgment and order dtd. 11/12/2009. The aggrieved petitioner had preferred an appeal, which was dismissed by affirming the sentence and compensation as awarded by the learned trial Court. The aggrieved petitioner has preferred this revision.

(3.) A perusal of the LCR reveals that while the respondent no.1 examined himself of PW-1, the petitioner examined two defence witnesses, including himself (DW-1 and one Dilip Kumar Das, Manager of Indian Overseas Bank (DW-2. It is the case of the respondent no.1 that vide deed of agreement dtd. 30/10/2011, registered on 9/2/2004 (Ext.1, the parties herein together with one another lady dissolved their partnership firm w.e.f. 1/4/2003 and on settlement of accounts, a sum of Rs.5,00,000.00 was recorded to be due and payable to the respondent no.2, pursuant to which the petitioner had issued 10 post dated cheques of Rs.50,000.00 each, payable within the next two years. Thereafter, the petitioner executed a written declaration dtd. 7/12/2005 (Ext.2, thereby agreeing to clear the dues of Rs.5,00,000.00 payable to the respondent no.2 as per dates mentioned therein, ending in the month of June, 2006. Accordingly, four cheques bearing no. 195681 to 195684 dtd. 6/2/2006 drawn on Indian Overseas Bank for a sum of Rs.50,000.00 each (Ext.3 to Ext.6, which were issued by the petitioner in favour of the respondent no.2 was deposited for collection, but were dishonoured due to insufficient funds, for which cheque return memos [Ext.7, 7(1, 7(2 and 7(3] were issued. Accordingly, notice dtd. 25/2/2006 (Ext.8 was issued, demanding payment, which was sent by registered post as per postal receipt (Ext.9, which was served as revealed from returned acknowledgement card (Ext.10. The petitioner refused to make payment vide reply dtd. 10/3/2006 (Ext.11.