GHANASHYAM DAS, SON OF LATE RATI RAM DAS Vs. MADHAB CHANDRA DAS, SON OF PARASU RAM DAS
LAWS(GAU)-2018-2-67
HIGH COURT OF GAUHATI
Decided on February 26,2018

Ghanashyam Das, Son Of Late Rati Ram Das Appellant
VERSUS
Madhab Chandra Das, Son Of Parasu Ram Das Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This appeal, under Section 378 of the Cr.P.C., is preferred against the judgment and order, dated 12-08-2008, passed by learned Additional Sessions Judge (FTC) No. 2, Kamrup, Guwahati, in Criminal Appeal No. 63 of 2006, acquitting the accused-appellant.
(2.) None appears on behalf of accused-appellant on call. However, heard Mr. B Sarma, learned Additional Public Prosecutor, Assam. Since, this is an old pending case of the year 2009; this Court proposes to dispose of this appeal on merit, after examining the evidence on record as well as the impugned judgment and the judgment of the learned trial Court.
(3.) Accordingly, I have perused the evidence on record and the judgment passed by the learned trial court on 08.09.2006, in Complaint Case No. 2637C/2005, under Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'the NI Act'), convicting and sentencing the accused appellant to undergo simple imprisonment for 6 months and also directed to pay the cheque amount of Rs. 2,50,000/- and a sum of Rs. 50,000/-, as compensation, totaling Rs. 3,00,000/-, and in default to undergo simple imprisonment for another six months.;


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