NAREN GOGOI Vs. PREM UPADHAYAY

JUDGEMENT

(1.) Heard Mr. S. Islam, learned counsel for the petitioner and Mr. S. Nawaz, learned counsel for the respondent.

(2.) By filing this application under Sec. 482 Cr.P.C., the petitioner, who has been convicted in a proceeding initiated under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as'NI Act') which was affirmed by the learned lower appellate Court has assailed the judgment and order dtd. 16/5/2019, passed by the learned Sessions Judge, Tinsukia in Crl. Appeal No. 5(1)/2018, thereby affirming the judgment dtd. 20/1/2018, passed by the learned Addl. Chief Judicial Magistrate, Tinsukia in N.I. Case No. 34/2012 and sentenced to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.10,00,000.00 (Rupees ten lakh only) under Sec. 357 Cr.P.C.

(3.) The parties herein are referred to as per their array in this criminal petition to avoid any confusion. The respondent is the complainant before the learned trial Court and the petitioner is the accused in the complaint case.