Advocates:
['J BHATTACHARJEE', '', 'TD MAJUMDER', 'Mr S GHOSH', 'SAMAR DAS', '', 'Mr S PANDIT', 'NABOJIT KR BISWAS', 'PAROMITA DHAR']

Page 1 of 18

HIGH COURT OF TRIPURA

A_G_A_R_T_A_L_A

Crl. Rev. P. No. 58 of 2019

1.

Shri Manik Lal Das, son of late Kanai Lal Das, resident of

Village Ramthakur Para, near Ramthakur Ashram, Belonia, P.O.

& P.S. Belonia, District: South Tripura.

…..Convict-petitioner

-V E R S U S-

1.

[*as per Hon’ble Courts order dated 18.09.2019 passed in I.A. No. 02 of 2019 the name of the

respondent has been corrected] Shri Dipankar Majumder, Branch Manager,

Shriram Transport Finance Company Ltd., Udaipur Branch, 1^st

Floor of UBI Building, Killa Branch, Ramesh Chowmuhani,

Udaipur, P.S. R. K. Pur, District: Gomati.

….. Respondent

B_E_F_O_R_E

HON’BLE MR. JUSTICE T. AMARNATH GOUD

For Petitioner(s)

:

Mr. T. D. Majumder, Sr. Advocate.

Mr. J. Bhattacharjee, Advocate.

For Respondent(s)

:

Mrs. Paromita Dhar, Advocate.

Date of hearing

:

18.04.2022

Date of delivery of

judgment and order

:

19.04.2022

Whether fit for reporting :

YES

JUDGMENT & ORDER

Heard Mr. T. D. Majumder, learned senior counsel assisted by

Mr. J. Bhattacharjee, learned counsel appearing for the petitioner. Also

heard Mrs. P. Dhar, learned counsel appearing for the respondent.

[2]

This petition has been filed under Section-397 read with

Section-401 & 482 of the Code of Criminal Procedure Act, 1973 against

the judgment dated 11.06.2019 passed by the learned Sessions Judge,

Page 2 of 18

Gomati Judicial District, Udaipur in Criminal Appeal No.25(3) of 2018 for

setting aside the conviction for offence under Section-138 of the

Negotiable Instrument Act,1981.

[3]

Factual backdrop of the case is that the complainant

(respondent herein) Sri Dipankar Majumder, Branch Manager, Shriram

Transport Finance Company Limited, Udaipur Branch, is engaged in the

business of financing both new and used commercial vehicles. On

21.11.2012, the accused-petitioner Sri Manik LaL Das entered into a loan

cum hypothecation agreement No- AGRTL0211200012, with Shriram

Transport Finance Company Limited, for purchasing one JCB 3DX

(Machinery) vide registration No- TR01R0524 on condition to repay the

loan in monthly installments. But after paying a few installments the

accused did not repay the rest of the loan amount. On 20.02.2016, on being

approached by the complainant the accused petitioner issued a cheque

bearing No- 686379 dated 20.02.2016 , drawn on United Bank of India,

Kaman Chowmuhani Branch for an amount of Rs. 22,12,141/-, in favor of

the Shriram Transport Finance Company Limited to discharge his liability.

The complainant, being the authorized agent of the company deposited the

cheque No- 686379 dated 20.02.2016 in the account of the Shriram

Transport Finance Company Limited in the State Bank of India, Udaipur

Branch for encashment. But the cheque was returned unpaid on 23.02.2016

by the bank with the remark “Account Closed”. Thereafter, on 14.03.2016,

demand notice was served on the accused who received the notice on

17.03.2016 but the accused did not repay the loan of the company. Hence

this case under Section 138 of the Negotiable Instruments Act,1881 was

instituted by the complainant on behalf of the company.

Page 3 of 18

[4]

The accused turned up and contested the case and on being

examined under Section 251 of the Cr.P.C. in terms of offence under

Section 138 of the Negotiable Instruments Act, 1881, pleaded not guilty

and claimed to be tried. In the trial the complainant examined himself as

PW.1 and proved the relevant documents viz. 1) Exhibit.1 - Original loan-

cum-hypothecation agreement. 2) Exhibit.2 - Original cheque bearing no

686379. 3) Exhibit.3 - Original bank endorsement issued by the United

Bank of India, Udaipur Branch. 4) Exhibit.4 – one loan account statement.

5) Exhibit.5 – Postal AD Card dated 17.03.2016 6) Exhibit.6 – Postal

registration slip. 7) Exhibit.7 – Original Power of attorney dated

08.12.2016.

[5]

In his examination under Section-313