RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. M.K. Roy, learned counsel for the petitioner and Mr. S.K. Srivastava, learned A.P.P. No one appears on behalf of O.P. No. 2.
(2.) This application is directed against the judgment dated 13.7.2005, passed by the learned 2nd Additional Sessions Judge, Jamshedpur in Cr. Appeal No. 8 of 2005, whereby and where-under judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st class, Jamshedpur in connection with C/1 Case No. 1087 of 1999, convicting the petitioner for the offence under section 138 of the Negotiable Instruments Act and releasing him after admonition and directing the appellant to pay a compensation of Rs. 20,000/-, has been affirmed.
(3.) It appears that a complaint case was instituted against the petitioner and two other persons alleging that they are partners of a coal supply business. It is alleged that during the month of March-April 1999, complainant had supplied coal to the accused persons worth Rs. 73,828/-, out of which, an amount of Rs. 39,000/-was paid and balance amount of Rs. 34,824 was remaining outstanding. Allegation has been levelled that when the complainant demanded the payment, accused nos. 1 and 2 had issued a cheque of Rs. 20,000/- drawn on the Canara Bank and when the same was presented, it got dis-honored on account of insufficiency of fund. A legal notice was issued but when in spite of the same, amount was not returned, complainant was constrained to file a complaint case, in which after enquiry, cognizance was taken for the offence under section 138 of the Negotiable Instruments Act and trial proceeded.;