SANKAR BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Choudhury, learned counsel appearing for and on behalf of the petitioner and Mr. VK Chopra, learned counsel for the respondent No.2 and Mr. D. Das, learned Additional Public Prosecutor, Assam for the State/respondent No.1.

(2.) The petitioner herein is facing a trial under Section 138 of Negotiable Instrument Act (NI Act) pertaining to C.R. Case No.2644C /2007 filed by the respondent No.2 for realization of an amount of Rs.1 Lakh.

(3.) The respondent No.2 filed a complaint before the court on 02.06.2007 contending that the accused-petitioner being the owner of M/s Babai Tyre Agency who used to purchase the goods from the complainant and in order to liquidate the liabilities payable by said M/s Babai Tyre Agency, the accused-petitioner had issued two nos. of cheques of Rs.50,000/- each to the respondent/complainant dated 15.03.2007 and 14.03.2007 and both the cheques were presented before the Bank which returned dishonoured. Thereafter, the complainant issued Demand Notice on 17.04.2007 for payment of the cheque amount but as the cheque amount was not paid, the complainant filed a case under Section 138 of NI Act. The learned trial court accordingly took the cognizance under said Section of law and issue summon to the accused-petitioner. Initially, the accused appeared before the court and prayed for dispensing his personal appearance by filing a petition under Section 205 of Code of the Criminal Procedure (CrPC)and the learned trial court vide order dated 13.07.2007 directed for appearance of the accused person.