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2018 Supreme(Online)(Gau) 271

IN THE HIGH COURT OF TRIPURA
H. Manik Chand, J
Biswanath Dhar v. State of Tripura and Another


Advocates:
For the Appellants/Petitioners: D.R. Choudhury
For the Respondents: S. Sarkar, D. Bhattacharya

1. This revision is directed against the order dated 27-8-2014 passed by the learned Addl. Chief Judicial Magistrate, West Tripura, Agartala in NI Case No. 147 of 2013 discharging the respondent from the liability of the offence of S.138 of the Negotiable Instruments Act, 1881 ('the Act' for short) as amended from time to time.

2. Shorn of unnecessary details, the case of the petitioner is that he extended loan of Rs.1,50,000/- in cash to the respondent on 5-2-2012, which was repayable within one year. When the respondent did not repay the loan amount, the petitioner requested the respondent to return the amount from the month of January, 2013. The respondent, however, failed to do so. Ultimately, the respondent issued a cheque for Rs.1,50,000/- drawn on IDBI Bank on 10-4-2013 to the petitioner with a request to encash the cheque on or before 10-6-2013. The petitioner accordingly deposited the cheque in his SB A/C No. 8002012109758 at Tripura Gramin Bank, Bardowali Branch on 8-6-2013, but the same was dishonoured and was returned to the petitioner on 12-6-2013 for insufficiency of fund as reported by IDBI Bank, Kaman Chowmuhani Branch. The petitioner thereafter issued pleader's no

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