BAIJ NATH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State as also, learned counsel for the complainant O.P. No. 2.

(2.) This revision is directed against the Judgment dated 17.3.2007 passed by the learned Additional Sessions Judge III, East Singhbhum, Jameshdpur, in Cr. Appeal No. 32 of 2006, whereby the appeal filed by the petitioner against his conviction and sentence for the offence under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the N.I. Act ), by Judgment and order dated 7.2.2006 passed by Smt. Neerja Ashri, Judicial Magistrate, 1 st Class, Jamshedpur in C/1 Case No.1231 of 2001/T.R. No.43 of 2006, was dismissed by the learned Appellate Court below, affirming the Judgment passed by the learned Trial Court.

(3.) The complainant O.P. No. 2, Dinesh Prasad Singh had filed a complaint petition in the Court of Chief Judicial Magistrate, Jamshedpur, which was registered as C-1 Case No.1231 of 2001. In the said complaint petition, it was stated that the accused petitioner had taken a friendly loan of Rs.1,54,500/- from the complainant on 30.4.2001 with the assurance to return the same back within the period of six months. The accused also gave him one post dated cheque bearing cheque No. NCCJ 3980764 dated 2.5.2001 for the same amount of Rs.1,54,500/- drawn upon Canara Bank, Tuiladungri Branch, Jamshedpur. As upon expiry of the period of six months, the loan was not refunded back to the complainant, the complainant deposited the cheque in the State Bank of India, Jugsalai Branch for encashment, but the same was dishonoured by Canara Bank, Tuiladungri Branch, Jamshedpur on 2.11.2001. The complainant informed the accused but the accused misbehaved. Thereafter, the complainant sent a legal notice to the accused on 6.11.2001, but the same was returned due to non-receipt2 of the legal notice and as the amount was not paid back to the complainant, the complainant filed the complaint petition on 29.11.2001.