JITEN BARKAKOTI Vs. SUBRATA PATANGIA

JUDGEMENT

(1.) Heard Mr. J. M. Choudhury, learned Sr. Counsel, assisted by Mr. D. Talukdar, for the petitioner and Mr. K. Agarwal, learned counsel appearing for the respondent-complainant.

(2.) The complainant, Shri Subrata Patangia, filed a written complaint stating, inter alia, that the petitioner Dr. Jiten Barkakopty, who is a Medical Practitioner of Tezpur Town, had issued a cheque, bearing No.165072 dt. 4-1-2000, for Rs. 40,000/-. The cheque was drawn in favour of the State Bank of India, Tezpur Bazar (Evening Branch) and it was a self-cheque and was handed-over to the complainant for withdrawal. The complainant deposited the said cheque in his bank account No. 50/19694 but the said cheque was returned unpaid. On receipt of the rejection memo, the complainant served a notice through his advocate on 16-12-2000 but in spite of the receipt of the statutory notice, the drawer of the cheque, Dr. Jiten Barkakoty, petitioner in this revision, did not arrange to make the payment. The petitioner, therefore, filed the complaint, which was registered as C. R. 14/ 2001. The petitioner-accused was tried by the Additional Chief Judicial Magistrate, Sonitpur, Tezpur and the learned trial Court vide the judgment dated 30-7-2002 convicted the accused petitioner under Section 138 of the Negotiable Instruments Act, for short the Act, and sentenced him with a fine of Rs. 80,000/-, in default to, imprisonment for six months.

(3.) Feeling aggrieved, the petitioner preferred Criminal Appeal No. 29 (S-3)/2002 and vide the impugned judgment, the learned Sessions Judge, Sonitpur, Tezpur, dismissed the appeal, affirming the order of conviction and sentence passed by the trial Court. Hence, the present revision.