PRABHAS H. KUMAR VISHWAKARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arun Kumar, learned counsel for the petitioner and Mr. P. K. Mukhopadhyay, learned counsel for the complainant.

(2.) This application is directed against the judgment, dated 20.05:2009 passed in Criminal Appeal No. 304 of 2008 by the Additional Sessions Judge FTC IV, Dhanbad by which the appeal preferred against the judgment, dated 25.09.2008 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with C. P. Case No. 1960 of 2006 corresponding to T. R. No. 836 of 2008 convicting the petitioner for the offence punishable under Sec. 138 of Negotiable Instrument Act and sentencing him to undergo S.I. for 6 months and also to pay a compensation of Rs. 2,40,000.00 has been dismissed.

(3.) The complaint case was instituted by the opposite party No. 2 in which it was alleged that on 25.10.2006 an amount of Rs. 2,40,00.00 was given to the petitioner by way of friendly loan and in lieu of loan a cheque was taken by the complainant. However, when the cheque was deposited to the bank, it was informed by the bank authorities that the signature made in the cheque did not tally with the signature of the petitioner. However, the petitioner went to the bank and put his signature on the cheque, still the cheque was dishonoured for insufficiency of fund for which a legal notice was sent by the complainant and since the petitioner failed to pay the entire amount, C. P. Case No. 1960 of 2006 was instituted. Upon conducting an inquiry under Sec. 202 of Cr. P. C. by examining the complainant on S/A as well as his witnesses, cognizance was taken under Sec. 138 of N. I. Act, pursuant to which trial proceeded.