PALASH BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the petitioner and Mr. HA Ahmed, learned counsel for the respondent No.2. State is a formal party.

(2.) The present petitioner filed a complaint before the learned Addl. CJM, Barpeta alleging interalia that the accused purchased a tractor from the showroom of the complainant, namely, M/s Bharali Automobiles on 22.03.2014 and since then they grown friendly relationship and after one year of purchasing the tractor, the accused approached the petitioner for a loan of Rs.1,50,000/- and out of such friendly relationship, the petitioner paid the same to the accused on 11.5.2015 and the accusedrespondent also promised to return the same within one month. As the accused-respondent did not return the money as promised, so on the request made by the petitioner, the respondent issued a cheque amounting to Rs.1,50,000/- on 11.5.2015 but the same was dishonoured by the bank and hence after service of due legal notice, a complaint was filed under Section 138 of NI Act.

(3.) The accused-petitioner faced the trial and denied the charge. The petitioner adduced evidence in support of his case but the defence adduced no rebuttal evidence. At the conclusion of trial, the learned trial court found the accused guilty under Section 138 NI Act and sentenced him to simple imprisonment for 3 months and to pay fine of Rs.2 Lakhs, in default of payment of fine, simple imprisonment for 1 month with further direction that the fine amount, if recovered, be awarded to the complainant as compensation under Section 357(b) Cr.P.C. vide its order dated 18.12.2017.