(1.) Present revision is preferred against the judgment and order dated 18.04.2015, passed by the learned Session Judge, Jorhat, in Criminal Appeal No.39/2012, whereby, the Appellate Court has affirmed the judgment and order of the learned Sub Divisional Judicial Magistrate, Jorhat, in CR Case No.383/2008, whereby the present accused person was convicted under Section 138 of NI Act, and sentenced the accused person to undergo simple imprisonment for one month and also to pay compensation of Rs.2 lakhs to the complainant under Section 357(3) of the Cr.P.C.
(2.) I have heard Mr. MU Mahmud, learned counsel for the petitioner and Mr. SK Agarwal, learned counsel appearing on behalf of private respondent.
(3.) Necessary factual matrix that emerges from the record is that the petitioner purchased the vehicle bearing registration No. AS-25/C 2385(bus) from the respondent/complainant amount for consideration of Rs.3,35,000/- and entered into an agreement to that affect on 18.03.2007. The accused petitioner paid the complainant a sum of Rs.1,30,000/- in cash and Rs.20,000/- by cheque and also issued a post dated cheque (29.10.2007) of Rs.1,85,000/- for the remaining amount. As per the agreement, the complainant delivered the vehicle to the accuse person and the accused assured to pay the balance amount given in the cheque after few months and he asked the complainant not to deposit the cheque immediately. The complainant also directed by the accused person did not deposit the cheque immediately and only presented the cheque for clearance on 10.04.2008 to the banker of the accused person. The cheque was dishonoured which was intimated to the complainant on 06.05.2008. Having no alternative, the complainant after serving the legal notice upon the respondents filed the complaint case before the court under Section 138 of NI Act.