SRI BHAGWAN DAS DAMANI PROPRIETOR M/S DAMANI MEDICAL STORES GUWAHATI ROLLER FLOUR MILL, CHRISTAN BASTI, GUWAHATI Vs. SRI SACHIN SARKAR, PROPRIETOR OF M/S PHARMATECH INDIA, MAHAL

JUDGEMENT

(1.) Heard Mr. Pran Bora, learned counsel for the petitioner and Ms. D. Borgohain, learned counsel appearing for the respondent No 2.

(2.) By this revision the petitioner has challenged the judgment and order dated 19.7.2006 passed by the learned SDJM (S) No.1, Kamrup, sentencing the opposite party U/S 138 of the NI Act to pay a fine of Rs.1000.00 in default simple imprisonment for two months and also to pay a cheque amount of Rs.3 lakhs to the petitioner within 15 days.

(3.) The petitioner /complainant was appointed as a selling agent by the opposite party/accused and in pursuance to the agreement entered into between the parties the petitioner deposited Rs.2 lakhs as security deposit. But the opposite party stopped the transaction and business with the petitioner so having no alternative the petitioner /complainant returned the consignment to the opposite party and demanded the security deposit of Rs.3 lakhs along with interest. After prolonged discussion the opposite party issued a cheque of Rs.3 lakhs as on 30.1.2001 but however on presentation of the said cheque it was dishonoured for which the petitioner filed the complaint case against the opposite party which was registered as CR Case No.1295C/2001.