KAMAL KISHORE SINGH Vs. DUDHNATH TIWARY

JUDGEMENT

(1.) The present petition has been filed against the judgment dated 02.04.2012 passed by the learned Principal Sessions Judge, Singhbhum East, Jamshedpur in Criminal Appeal No. 61 of 2010 by which the said appeal preferred by the petitioner-appellant has been dismissed affirming the judgment of conviction and modifying the order of sentence dated 03.02.2010 by reducing it to the period of one month passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in C-1 Case No. 603 of 2008 (T.R. No. 709 of 2010), whereby the petitioner was found guilty under Section 138 of the Negotiable Instruments Act (in short "the N.I. Act") and sentenced to undergo simple imprisonment for six months and to pay compensation of Rs.35,000/- to the complainant-opposite party no.2.

(2.) The factual background of the case, as stated in the complaint filed by the complainant-opposite party no. 2, is that on 01.08.2007 the accused-petitioner approached the opposite party no. 2 for a friendly loan of Rs. 30,000/- as both were known to each other since long. The opposite party no. 2 gave him Rs.30,000/- in cash and the petitioner, issued cheque of I.D.B.I., Bank, Jamshedpur of Rs. 30,000/- dated 01.08.2007 in his favour for returning the loan amount and requested him to deposit the same after four months. The opposite party no.2 presented the said cheque in Bank of Baroda on 21.01.2008 which got bounced on account of insufficient fund in the account of petitioner and the said cheque was returned to Bank of Baroda by the IDBI Bank, Jamshedpur vide cheque return memo dated 22.01.2008. The further case of the opposite party no.2 is that he sent a legal notice to the petitioner on 16.02.2008 demanding the cheque amount and the said legal notice was received by his father. However, even after receipt of the said notice, the petitioner neither sent reply nor paid the cheque amount to the opposite party no.2 and thus the complaint was filed.

(3.) In the instant case, complainant-opposite party no.2 himself examined in support of his case whereas three defence witnesses including the petitioner were examined on behalf of the petitioner i.e., D.W. 1 Kamal Kumar Singh (the petitioner himself), D.W. 2 Anil Kumar Yadav and D.W. 3 Babu Lal Yadav.