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A.S.NAIDU
Markaradhwaj Behera – Appellant
Versus
Satyanath Mahanta – Respondent


Counsel for the Parties:
For the Petitioner:Mr. S.S. Das, Mr. B.R. Das, Mr. R.R. Mohanty, Mr. S. Modi, Mr. K. Behera and Mr. A. Mohanty, Advocates.
For the Opp. Party No. 2: Addl. Standing Counsel.

JUDGMENT

A.S. Naidu, J.—The order of conviction and sentence passed by learned S.D.J.M., Rairangpur in I.C.C. No. 39/1992 which was confirmed by learned Additional Sessions Judge, Rairangpur in Criminal Appeal No. 116/92 of 1997-95 is assailed in this Criminal Revision invoking inherent jurisdiction of this Court under Section 397 read with Section 401 of the Cr.P.C.

2. Opposite party No.1 filed a complaint petition, inter alia, alleging commission of offence under Section 138 of the Negotiable Instruments Act and the said complaint petition was registered as I.C.C. No. 39/92 in the Court of S.D.J.M., Rairangpur. It was alleged that a cheque issued by the petitioner for an amount of Rs.14,000 payable at Canara Bank, Telegaon Branch when tendered bounced on 26.6.1992 with an endorsement “insufficient funds in the account”. It was averred in the complaint petition that a lawyer’s notice was issued by registered post to the petitioner, but then the same returned to the complainant with an endorsement that the addressee was absent for six to seven days. Thereafter after waiting for the statutory period, the complaint petition was filed.

3. The plea of the petitioner was complete denial























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