KALPANA BAISHYA W/O LT PARESH BAISHYA Vs. KARUNA DEKA S/O MAHIDHAR DEKA
LAWS(GAU)-2018-1-33
HIGH COURT OF GAUHATI
Decided on January 11,2018

Kalpana Baishya W/O Lt Paresh Baishya Appellant
VERSUS
Karuna Deka S/O Mahidhar Deka Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This revision is directed against the judgment and order dated 24.09.2014 passed by learned Addl. Sessions Judge No. 2, Kamrup(M) in Criminal Appeal No. 221/2013. By the said judgment, learned Sessions Judge dismissed the appeal and confirmed the judgment and order passed by the learned Judicial Magistrate, Kamrup, whereby the petitioner was convicted u/s 138 NI Act and sentenced to imprisonment for six months and to pay compensation of Rs. 4,96,000/- to the complainant.
(2.) As per prosecution case, the complainant/respondent was the holder of a cheque issued by the appellant on 07.12.2010 for an amount of Rs. 4 lakhs. The respondent deposited the cheque with the bank for encashment, which was initially dishonoured on 12.12.2010 with the endorsement "insufficient fund". Therefore, the respondent again deposited the cheque with the bank for encashment, which was returned by the bank with the endorsement "payment has been stopped by the drawer". The respondent issued statutory notice demanding the cheque amount and on failure of the petitioner to pay the amount, the respondent lodged a complainant before the Magistrate u/s 138 NI Act.
(3.) Learned Magistrate took cognizance and issued process.;


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