GHANASHYAM ROUTA Vs. P. NARASINGHA DORA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The legality, propriety and correctness of the judgment and order dtd. 11/12/2014 passed by the learned Additional Sessions Judge, Aska in Criminal Appeal No.20 of 2014 (01 of 2012 of Circuit Court, Aska) arising out of I.C.C. Case No.41 of 2007 passed by the learned J.M.F.C., Aska has been challenged in this revision. The Petitioner having faced trial found guilty in the offence under Sec. 138 of the Negotiable Instruments Act (hereinafter in short called 'the N.I.Act') and sentenced to undergo simple imprisonment for a term of three months and to pay compensation of Rs.60,000.00 under Sec. 357(3) Cr.P.C.

(3.) Succinctly, the case of the Petitioner is that he and the complainant/respondent are well known to each other and were good friends. The Petitioner, in order to purchase a Tractor with Trailor availed loan from the bank but could not repay the same within the stipulated period. He accordingly approached the complainant/ respondent to accommodate him with a friendly loan of Rs.43,000.00 for repayment of the loan incurred by him from the bank. The complainant/ respondent reciprocating the gesture of friendship agreed and paid a sum of Rs.43,000.00 to the Petitioner/ accused towards a friendly loan. The Petitioner had promised to pay back the said amount at the time of need of the complainant/ respondent. On 25/12/2006 the complainant/respondent requested the Petitioner/accused for repayment of the amount taken towards friendly loan. The Petitioner/accused could not repay the loan, however, on the request of the respondent, the Petitioner issued the cheque bearing No.403806 dtd. 26/12/2006 for the sum of Rs.43,000.00 in favour of the respondent drawn on State Bank of India (ADB) Branch, Aska against his account No.01170070397.