P.K.TRIPATHY
RAMA CHANDRA PANIGRAHI – Appellant
Versus
STATE OF ORISSA – Respondent
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P. K. TRIPATHY, J.
( 1 ) PETITIONER is the accused in I. C. C. No. 680 of 2001 of the Court of S. D. J. M. , Bhubaneswar and the opposite party No. 2 is the complainant in that case. Petitioner filed the aforesaid complaint alleging the offence punishable under S. 138 of the Negotiable Instruments Act, 1881 (in short, 'the Act' ).
( 2 ) IT reveals from certified copy of the complaint that the complainant has alleged that accused took a friendly loan of Rupees 11,68,000/- from the complainant on 8-8-2001. In that respect accused executed a money receipt and agreement on 8-8-2001. The accused had issued a post-dated cheque drawn in favour of the State Bank of India, Puri Branch. The complainant deposited the same with his Banker, i. e. , Union Bank of India, Balukhanda Branch, Puri-2. That cheque bounced with the remarks of 'insufficient balance' and such intimation was sent to the complainant on 17-10-2001. Soon thereafter the complainant made contact with the accused in presence of two witnesses and the accused expressing financial hardship assured the complainant to make arrangement of funds. Complainant waited for two days but the accused did not turn up nor repaid the loan amou
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