PORESH RANJAN DAS Vs. STATE OF ASSAM AND ANR TO BE REP BY PUBLIC PROSECUTOR
LAWS(GAU)-2018-5-25
HIGH COURT OF GAUHATI
Decided on May 07,2018

Poresh Ranjan Das Appellant
VERSUS
State Of Assam And Anr To Be Rep By Public Prosecutor Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is a criminal revision petition filed under Section 397/401 CrPC, challenging the legality, propriety and correctness of the judgment and order dated 06.01.2016 passed in Criminal Appeal No.38/2013 passed by the learned Sessions Judge, Hailakandi, affirming the judgment and order dated 16.05.2013 passed in CR Case No. 5(A)/2010 by the learned Addl. Chief Judicial Magistrate, Hailakandi, sentencing the petitioner to pay fine Rs.1,10,000/- along with fine of Rs.20,000/- in default, simple imprisonment for 6 months under Section 138 of Negotiable Instruments Act, 1881.
(2.) Heard Mr. NH Barbhuiya, learned counsel for the petitioner and Mr. G. Agarwal, learned counsel appearing on behalf of the respondent No.2.
(3.) The petitioner had issued a cheque in favour of the respondent No.2 for an amount of Rs.1,10,000/- in discharge of his previous debt. The cheque was presented in the concerned Bank for encashment but the same could not be encashed as "fund was not arranged".;


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