NARAYAN BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor representing the State of Assam and Mr. S. Munir, learned counsel for the respondent no. 2.

(2.) This application under Sec. 397/401 of the Code of Criminal Procedure (Cr.P.C for short) has been preferred by Sri Narayan Barman - petitioner herein challenging the legality and propriety of the order dtd. 22/4/2019 passed by the learned Addl. Sessions Judge (FTC) No. 3, Kamrup (M) in Crl. Appeal No. 215/2017 by partly allowing the appeal and upholding the judgment and order dtd. 24/8/2017 passed by the JMFC, Kamrup (M), Guwahati, in C.R. 1966/2010.

(3.) The genesis of the case was that the petitioner issued a cheque bearing No. 416097 dtd. 3/2/2010 for an amount of Rs.7,10,000.00 only drawn on the Panbazar Branch of the State Bank of India allegedly to discharge his liability of a debt. On 19/3/2010, the respondent no. 2 presented the aforementioned cheque in his bank, i.e. the Union Bank of India at G.S. Road, Guwahati, but the cheque was returned due to insufficiency of funds. A demand notice was issued by the respondent No. 2 via registered post with A/D to the petitioner through his advocate on 7/4/2010, intimating him about the dishonour of the cheque and asking him to pay the amount within 15 days of receipt of the demand notice, but the petitioner failed to repay his debt.