HIMANI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) These cases have arisen out of the judgment and order dated 12.3.2014 passed by the learned Addl. Sessions Judge No. 1, Kamrup (M), Guwahati in Crl. Appeal No. 177/2013 whereby the learned court affirmed the judgment of the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati in C.R. Case No. 5602C/2006 with modification of the amount of compensation awarded by the learned Magistrate. The learned Additional Sessions Judge while maintaining the sentence of simple imprisonment of 2 (two) months passed by the learned Magistrate, reduced the amount of compensation from Rs. 16 lacs to Rs. 10 lacs.

(2.) Heard learned counsels appearing for both the parties and perused the impugned judgment of the court below.

(3.) The factual aspects of the case, briefly stated, are that the appellant of the present appeal, Himani Das alleging commission of offence u/s 138 of the Negotiable Instruments' Act (in short "N.I. Act"), filed a complaint against the respondent, Sunder Buragohain alleging therein that she had business relation with the accused respondent. The respondent against his existing liability issued two cheques bearing number 835977 dated 28.4.2006 for Rs. 4 lacs and cheque bearing number 835978 dated 28.4.2006 for Rs. 4 lacs drawn at Standard Chartered Bank, GNB Road, Ambari, Guwahati in favour of the complainant/appellant. When the appellant presented the cheques through her banker for encashment, those were dishonoured due to insufficiency of fund in the account of the respondent. The appellant then issued statutory notice to the respondent demanding payment of the cheque amount, but there was no response. Having no other alternative, the appellant, as complainant, filed the complaint case u/s 138 of the N.I. Act before the concerned Magistrate.