MD NURUL ISLAM Vs. MD AMIR KHAN

JUDGEMENT

(1.) Heard Mr. P.P. Dutta, learned Amicus Curiae appearing for and on behalf of the petitioner as well as Mr. M.H. Rajbarbhuiyan, learned counsel representing the respondent.

(2.) By way of this revision, the petitioner has challenged the impugned judgment and order dated 21.11.2009, passed by the learned Appellate Court of Addl. Sessions Judge, Nagaon, in Criminal Appeal No.35/2007, whereby the learned Appellate Court has affirmed the order of learned trial Court of the Chief Judicial Magistrate, Nagaon wherein accused was convicted under Section 138 of N.I. Act and sentenced the accused/petitioner to pay a fine of Rs.2,50,000/- (Rupees two lakh fifty thousands) as compensation to the complainant, passed in C.R. Case No.1577/2001.

(3.) Briefly stated the case of the petitioner is that one Md. Amir Khan, complainant/ respondent lodged a complaint against the present petitioner u/s.138 of the N.I. Act, alleging that the complainant is a registered professional money lender having valid registration certificate. The accused Nurul Islam (present revision petitioner) is a business man of the locality who approached the complainant seeking a loan of Rs.3 lacs and the complainant advanced the said amount as loan upon a hand note being executed by the accused. After a few months, the complainant demanded the money back from the accused but he evaded repayment on one after another ground. On repeated request made by the complainant, the accused issued two cheques being No.0078227, dated 18.03.2002 for Rs.62,400/- and No.078228, dated 10.04.2002 for Rs.78,000/- (totaling Rs.1,40,400/-) as a part payment of the total debt. The said two cheques were presented by the complainant in the Nagaon Branch of State Bank of India for collection of the said amount from the accused maintained by the accused with Union Bank of India, Nagaon Branch. On 17.05.2002, the two cheques were returned dishonour due to insufficient fund and the complainant was intimated about the same by the Bank.