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TMI Blog2022 (2) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and order dated 22.05.2018 arising out of CR (NI) 34 of 2017 and thus these petitions have been disposed of by way of common judgment and order. Crl.Petn 43 of 2018 [2] The petitioner in this case is the complainant before the court of Judicial Magistrate, 1st Class cum Civil Judge (Sr.Division), Court No.1, Udipuar, Gomati in CR(NI) 34 of 2017 under Section 138 of the NI Act filed against dishonor of Cheque bearing No.997483 dated 12.06.2017 for an amount of Rs. 4,70,000/- and the court below has awarded punishment to the accused imposing him to Rs. 4,00,000/- and in default to pay the fine the accused would suffer R.I for a period of three months. Crl.Rev.Petn 27 of 2021 [3] The petitioner in this criminal revision petition is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ripada Saha of North Sataria for the purpose of his personal need with a condition to repay the sum by 15th of June 2017 but was in vain. On being approached by the complainant on 12.06.2017 the accused-respondent issued a Cheque bearing No.997483 dated 12.06.2017 for an amount of Rs. 4,70,000/- only on State Bank of India, Udaipur Branch vide his account NO.10515470637 in the house of the complainant again in presence of (i) Sri Utpal Datta, (ii) Swapan Das and (iii) Pintu Saha. The complainant for encashing the same on said date had deposited the said cheque vide no.997483 dated 12.06.2017 for Rs. 4,70,000/- in his account 31455728000 with the State Bank of India, Udaipur Branch, Gomati Tripura. On 19.06.2017 the State Bank of India, Udai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,00,000/- as against the cheque amount Rs. 4,70,000/- the complainant preferred the present criminal petition seeking to modify Rs. 4,00,000/- to Rs. 4,70,000/- since the error has been committed by the trial court. [7] The petitioner in criminal revision petition who is the accused in the above CR(NI) 34 of 2017 being aggrieved by the said judgment wherein the trial court has directed him to pay Rs. 4,00,000/- he has preferred the criminal appeal No.19(2) of 2018 in the court of the Sessions Judge, Gomati District, Udaipur. The accused has made a police complaint in Kakraban Police Station stating that his two cheque books have been lost bearing series from 997476 to 997500 and from 428251 to 428270. The accused denied the fact that the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int being filed before the Kakraban Police Station on 08.06.2016 with reference no. KKB-PS, DE No.10, the said complaint has been entered in the General Diary which is marked as exhibit "B". The cheque consists of series nos. from 997476 to 997500 and from 428251 to 428270. The said complaint regarding the loss of cheque books was made way back in 08.06.2016 and the said dishonor of cheque is of 12.06.2017. The accused denied the fact that the complainant and the accused do not know each other and there is no relationship between them and he has never borrowed the amount and accordingly he has not issued any cheque in favour of the complainant. [11] It is pertinent to note that on perusal of the record both the courts below have not apprec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for [a term which may be extended to two years'], or with fine which may extend to twice the amount of the cheque, or with both" Provided that nothing contained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed. The defence runs around the cheque being lost by the accused and the GD entry. While initiating the said criminal proceeding before the trial court nothing prevented the complainant to place on record documentary evidence with regard to the transaction to say legally enforceable debt. According to him the amount of Rs. 4,70,000/- has been given to the accused by way of a loan by placing on record any documentary evidence to that effect which would have been an additional evidence strengthening the case of complainant as stated supra. In the absence of the same, it throws a doubt that whether the cheque which is the subject matter of the dispute is legally enforceable or not. Hence, this court has no hesitation to draw an inference that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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