ASHOK KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Sections 397 and 401 of the Code of Criminal Procedure (in short the Code), the prayer has been made to set aside the judgment dated 27.01.2016 passed by learned Additional Sessions Judge -XI, Hazaribag in Cr. Appeal No. 142 of 2014 whereby and whereunder while affirming the judgment of conviction and order of sentence passed against the petitioner under Section 138 of the Negotiable Instrument Act, the petitioner has been directed to pay Rs.40,000/ -to the complainant -opposite party no.2 as compensation.

(2.) Heard the, learned counsel appearing for the petitioner as well as learned counsel for the opposite party no.2 and learned counsel representing the State.

(3.) It is not necessary to delve into the facts leading to the institution of proceedings, as the petitioner and opposite party no.2 have settled their dispute and have filed a joint compromise petition before this Court with a prayer to compound the offence as contemplated under Section 147 of the Act. However, a brief statement of facts is necessary for the proper appreciation: At the instance of present complainant -opposite party no.2 - Nikesh Kumar Singh, a Complaint Case no. 50 of 2011 was filed against the present petitioner under Section 138 of Negotiable Instrument Act (in short "the Act") with the allegation that since the accused -petitioner and the complainant were known to each other, the petitioner demanded Rs.50,000/ - from the complainant for some urgent work and for marriage of his sister. The complainant gave cash of Rs.36,000/ - to the accused, who in turn, handed over a cheque of Rs.36,000/ - in favour of the complainant but when the said cheque was presented for encashment in bank, it stood dishonored stating "insufficient fund". The complaint sent a legal notice to the accused - petitioner in consonance with the provisions of the Act. Thereafter following the other formalities, the present complaint was filed when the accused - petitioner failed to pay the said amount. It appears from the record that the trial court after examination of the witnesses and considering the allegation and evidences on record, convicted the petitioner under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for six months and also directed the accused -petitioner to pay a compensation of Rs.40,000/ - within two months.