SOMNATH BISWAS Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) In Criminal Appeal No. 246 of 2013, learned Principal District & Sessions Judge, Singhbhum East, Jamshedpur by the impugned judgment, dated 25. 07. 2017 acquitted the accused/Opposite Party No. 2 herein of the charges under Section 138 of the Negotiable Instruments Act and set aside the judgment of conviction, dated 19. 08. 2013, rendered by learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No. 3882 of 2009.

(3.) The complainant is seeking leave to appeal. The instant complaint was lodged alleging dishonour of a cheque, bearing No. 661368 for Rs. 1,70,000/-(Rupees one lakh seventy thousand only) issued by Opposite Party No. 2, on being presented before the Bank of India, Sakchi Branch, on account of "Insufficient Fund" Complainant alleged that the cheque was issued in lieu of friendly loan paid to the accused by him. The learned trial court came to a finding of guilt, on being satisfied that after the receipt of return memo on 26. 10. 2009 complainant sent a legal notice on 28. 10. 2009, but, the accused failed to return the cheque amount within the prescribed time limit as provided under Section 138 of the Negotiable Instruments Act. The accused had failed to rebut the presumption in favour of the complainant. Therefore, the ingredients of Section 138 of the Negotiable Instruments Act stood fulfilled. He was, accordingly, sentenced to one year rigorous imprisonment and a fine of Rs. 1,70,000/- as compensation to be paid to the complainant. In default of fine, he had to undergo simple imprisonment for three months.