S SUDHAKAR RAO Vs. STATE OF JHARKH

JUDGEMENT

(1.) Heard Mr. Ranjan Kumar Singh, learned counsel appearing for the petitioner and Ms. Vandana Bharti, learned A.P.P., for the State.

(2.) This application is directed against the judgment dated 30.06.2005 passed by the learned Additional Sessions Judge, Fast Track Court - 2, Jamshedpur in Criminal Appeal No. 21 of 2005 whereby and whereunder the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Class, Jamshedpur on 29.01.2005 in C/1 Case No. 985 of 2000 by which the petitioner had been convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months as also to pay a compensation of Rs. 1,00,000/- has been affirmed.

(3.) A complaint case was instituted in which it was alleged that a friendly loan was taken by the petitioner from the complainant of Rs. 1,00,000/- and in lieu of the same the petitioner had issued five post dated cheques each of Rs. 20,000/-. It is alleged that on the due dates the cheques were deposited before the bank but all the cheques got dishonoured which constrained the complainant to send a legal notice on 22.09.2000 which was received but since the amount was not returned, a complaint was filed. After the complaint case was instituted and an enquiry was conducted and subsequent thereto cognizance was taken under Section 138 of the Negotiable Instruments Act and thereafter trial proceeded.