DINESH KUMAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Kalyan Banerjee, the learned counsel is present in the Court in compliance of the order dtd. 16/9/2022.

(2.) The petitioner was made accused in C.P. Case No. 1523 of 2011. He has been convicted and sentenced to SI for one year under Sec. 138 of the Negotiable Instruments Act, 1881 and directed to pay compensation of Rs.2,00,000.00 under Sec. 357 (3) of the Code of Criminal Procedure.

(3.) The brief facts of the case are that the petitioner who was employed under M/s BCCL requested for loan of Rs.3,50,000.00 from OP No.2 for construction of his residential house. OP No.2 has stated that he gave Rs.3,00,000.00 as friendly loan to the petitioner and entered into an agreement on the basis of the money receipt issued by the petitioner in presence of the witnesses. However, after few months, he defaulted in payment of the monthly installments and the cheque for Rs.1,70,000.00 drawn on Bank of India, Bera Branch, Dhanbad issued by the petitioner was dishonoured with the remarks'opening balance insufficient'.