JUDGMENT :

C.P. Case No. 1392 of 2012 was instituted at the instance of OP No.2 against the petitioner for committing offence under section 138 of the Negotiable Instruments Act, 1881.

2. In Trial Case No. 1361 of 2014 which commenced on the basis of C.P Case No.1392 of 2012, the petitioner has been convicted and sentenced to imprisonment of six months with a direction to pay compensation to the tune of Rs.1,20,000/-.

3. The case set up by OP No.2 was that he being an agent of the authorized Coal Agency/DO holder provided coal to the petitioner for a consideration of Rs.81,959/- in respect of which a cheque bearing no. 907 drawn on Maithan Branch, Bank of India was issued by him. However, the said cheque when presented at Kumardhubi Branch of State Bank of India for encashment for the second time on 18th May 2012 was returned unpaid on account of “insufficient fund”.

4. OP No.2 has asserted that he issued legal notice dated 1st June 2012 requiring the accused to pay the cheque amount within 15 days. However, instead of paying the cheque amount the accused came in his office at 6:00 PM on 17th June 2012 and threatened him. Constrained, the informant instituted C.P Case No.1392 of 2012.

5