DEBESH GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Chakraborty, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent as well as Mr. A. K. Das, learned counsel for the respondent No. 2.

(2.) This is an application under Sec. 397 and 401 of the Code of Criminal Procedure, 1973, challenging the Judgment and Order dtd. 7/7/2017 passed by the learned Additional Session Judge (FTC) No.3, Kamrup (M), Guwahati in Criminal Appeal No.200/2013, affirming the Judgment and Order dtd. 15/10/2013 passed by the Court of learned Judicial Magistrate First Class, Kamrup (M), Guwahati in connection with the Complaint Case No. 1940/2008.

(3.) The brief facts of the case is that; the trial was initiated on the basis of the complaint made by one Sri Mahesh Sarma/present respondent No.2 alleging dishonor of cheque amounting to Rs.2,50,000.00 (Rupees Two lakhs fifty thousand) only dtd. 7/1/2008. As per the complainant/present respondent No.2, the said amount was paid by him to the accused/petitioner for investment in some business which he failed to repay, and on repeated demand, the accused/petitioner was compelled to issue a cheque amounting to Rs.2,50,000.00 (Rupees Two lakhs fifty thousand) only in favour of the complainant/present respondent No.2. But, when the cheque was presented for encasement, the Bank informed the respondent No.2/complainant about the dishonor of cheque due to insufficient funds. Accordingly, the respondent No.2 issued a legal notice within the stipulated time through registered post, but, the accused/petitioner refused to accept the same and hence, the complaint was filed under Sec. 138 of N. I. Act. Thereafter, the ld. JMFC, Kamrup (M) took cognizance against the accused/petitioner, only after hearing the arguments of both sides and on the basis of the evidences available on record, and accordingly, the said Court passed the order of conviction by sentencing the accused/petitioner to undergo S. I. for 2(two) months along with a compensation amount of Rs.5,00,000.00 (Rupees Five lakhs) only and in default S. I. for another 1(one) month. Thus, on being highly aggrieved, the present petitioner preferred the criminal appeal being numbered as Crl.A. Case No.200/2013, wherein, the learned Additional Sessions Judge (FTC) No.-3, Kamrup (M), Guwahati passed the Judgment and Order dtd. 7/7/2017 by dismissing the appeal and by affirming the Judgment and Order dtd. 15/10/2013.