Decided on February 02,2010

Madan Mohan Sahu Appellant
Central Agencies Respondents


- (1.)Petitioner assails the confirming judgment passed by the learned Addl. Sessions Judge, Panposh in Criminal Appeal No. 43 of 2005, wherein she confirmed the order of conviction and sentence passed by learned Sub-Divisional Judicial Magistrate, Panposh in 1 C.C. Case No. 16 of 2000 for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act" for brevity).
(2.)Briefly stated, the facts of the case are as follows:
The complainant M/s Central Agencies is a firm engaged in execution of different contracts. It owns a JCB Machine bearing Regn. No. OR-14-A 9433. The petitioner entered into an agreement with the complainant to take the JCB Machine on hire for utilization of the same for execution of a contract work. For such hire, the Company was to pay a sum of Rs. ', 3,50,000/- to the complainant and for payment of the same, issued post dated cheques bearing No. 920456 dated 7-8-1999 for Rs. 1,80,000/- and second one bearing No. 921837 dated 18-10-1999 of Rs. 1,70,000/- in favour of the complainant firm drawn on the State Bank of India, Kalinga Nagar Branch, Jaipur. Accordingly, the complainant presented both the cheques in the Bank, which were dishonoured for the reason "insufficient funds". Then the complainant issued a notice to the accused demanding payment of the cheque amount. Although, the notice was received, the accused did not respond to the same and did not comply the demand to repay the amount due. Thereafter, the complainant preferred the complaint petition against the present petitioned in the Court of learned S.D.J.M., Panposh, who after due trial convicted the petitioner under Section 138 of the Act and sentenced him to undergo simple imprisonment for a period of one year and to pay a compensation of Rs. 3,50,000/-. The learned Magistrate also ordered that the said amount should be deposited by the accused forthwith, failing which the Court will resort to recover the same as fine as provided under Section 431 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code" for brevity). For default of payment of the compensation amount, the accused-appellant was sentenced to undergo simple imprisonment for a period of three months.

(3.)The present petitioner challenged the conviction and sentence passed by the learned S.D.J.M. before the learned Addl, Sessions Judge, Rourkela and as per judgment dated 17-7-2007, the learned Addl. Sessions Judge dismissed the appeal holding that there is no infirmity or error in respect of the findings of the learned Court below.

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