ARATI DEKA Vs. STATE OF ASSAM PP, ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhuyan, learned counsel for the respondent No.2. None appears for the petitioner.

(2.) The petitioner has filed an application under Sec. 397/401 Cr.P.C. against the impugned judgment and order dtd. 6/11/2017 passed by the learned Addl. Sessions Judge No. 4(FTC), Kamrup(M), Guwahati in Criminal Appeal No. 305/2016, whereby, affirming the judgment and order dtd. 18/10/2016 in C.R. Case No. 2268/2016 passed by the learned S.D.J.M.(S) II, Kamrup(M), Guwahati whereby, the petitioner was convicted under Sec. 138 of Negotiable Instrument Act, 1881(herein after referred as N.I. Act) and sentenced to undergo simple imprisonment for a period of 10(ten) months and to pay compensation of Rs.5,50,000.00, in default of payment of compensation, shall undergo simple imprisonment for another 4(four) months.

(3.) The respondent No. 2 as complainant filed a complaint case bearing No. C.R. Case No. 53/2014 in the court of Chief Judicial Magistrate, Nalbari and subsequently, it was transferred to the court of S.D.J.M.(S) 2, Kamrup(M), Guwahati and renumbered as C.R. Case No. 2268/2016.