RANJIT KUMAR SARMA@ RANJIT SARMA Vs. EUSUF ALI

JUDGEMENT

(1.) This revision application is directed against the judgment dated 21.9.2006 in Criminal Appeal No. 97 of 2005, whereby the learned Sessions Judge has affirmed the judgment dated 12.8.2005 passed by the learned SDJM, No. 2 in C.R. Case No. 5082 of 2003, whereby the petitioner has been convicted under Section 138 of the NI Act. By this impugned judgment, the petitioner has been sentenced to undergo simple imprisonment for 6(six) months and to pay fine of Rs. 20 lakhs. Heard Mr. B.C. Das, leaned senior counsel assisted by Mr. J.H. Saikia, learned counsel for the petitioners. Also heard Mr. T.H. Hazarika, learned counsel for the respondents. Also perused the impugned judgments.

(2.) The gist of the case is that the complainant/respondent is one of the office bearers of All Assam GP. Level Samabai Samity Employees Association. He lent a sum of Rs. 15 lakhs to the accused as loan. The said money was returned by the accused by issuing a cheque on 25.6.2003. The cheque was deposited in the bank, which was dishonoured on the ground of insufficiency of fund. Thereafter, statutory notice was given to the petitioner and when he failed to refund the loan amount, a case under Section 138 of the N.I. Act was filed.

(3.) The case was registered as Complaint Case No. 5028 of 2003. It was allowed by the learned SDJM, which was also affirmed by the learned Sessions Judge. Being aggrieved with the concurrent judgments, the accused has preferred this revision petition.