INDRANIL TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision application under Section 397 /401 read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by the accused, assailing the legality and correctness of the judgment dated 31.12.2008, passed by the learned Sub-Divisional Judicial Magistrate, Nalbari in CR Case No. 598 of 2007 which has been affirmed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 8 of 2009 vide judgment dated 30.4.2011. By these concurrent judgments the petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 (briefly 'N.I. Act') and the accused/petitioner has been sentenced to pay fine of Rs. 7,70,000/- (Cheque amount) and 10% thereon with default stipulation of one year rigorous imprisonment. Heard Mr. D. Choudhury, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor and Mr. Arnali Biswas, learned counsel for the respondent No. 2/complainant. I have also perused the impugned judgments.

(2.) The facts of the case are very simple and in a narrow compass. Broadly the complainant's case is that the accused had borrowed a sum of Rs. 7,70,000/- for an urgent need with a promise to return the money as and when demanded by the complainant. It is the further case of the complainant that on repeated demands the accused issued Cheque No. 136417 dated 22.8.2007 for a sum of Rs. 7,70,000/-, drawn on State Bank of India, Nalbari branch. The cheque was deposited in the bank and the same was dishonoured on account of insufficient fund. Thereafter, statutory notice was issued to the accused and having not received the cheque amount the complaint under Section 138 of the N.I. Act was filed.

(3.) In order to establish the case, complainant examined a bank officer as PW-1, in addition to giving his own evidence. The complainant has proved, inter-alia, the cheque, dishonour letters from the bank and statutory notice issued to the accused.