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2022 Supreme(Gau) 1200

ROBIN PHUKAN
Kanya Doke, S/o. LT. Marka Doke – Appellant
Versus
Tongom Jomoh, S/o. Shri Korojomoh – Respondent


Advocates Appeared:
For the Petitioner: Mr. C. Joshi, Mr. J. Zonglulu.
For the Respondent: Vijay Jamoh.

JUDGMENT :

1. This revision petition, under Sections 401/397 of the Code of Criminal Procedure, is directed against the judgment and order dated 23.03.2020, passed by the learned Sessions Judge, Yupia, Papum Pare (A.P.) in Criminal Appeal No. 12 of 2019. It is to be noted here that vide impugned order, the learned Court below has upheld the judgment and order, dated 30.10.2019, passed by the learned Chief Judicial Magistrate, Yupia, Papum Pare, convicting the petitioner under section 138 N.I. Act and sentencing him to pay a sum of Rs. 11,00,000, being the compensation, within three months and in default to undergo simple imprisonment for six months, in C.R. Case No. 71/2016.

2. The factual background, leading to filing of the present petition, is briefly stated as under:

    “The petitioner, Shri Kanya Doke, had approached the respondent- Shri Tongom Jamoh for a sum of Rs. 13,00,000/ (Rupees Thirteen Lacs) only as loan and the respondent has given the same from Tongam Jamoh Mutual Fund on the condition that the petitioner shall repay the loan amount with 10% interest, within three months. But the petitioner had failed to repay the loan amount within stipulated time. Thereafter, on rep

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