Orissa High Court
Deepak Kumar Jena vs State Of Odisha & Another on 29 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.396 of 2023
Deepak Kumar Jena .... Petitioner
Mr.Harekrushna Dash, Advocate
-versus-
State of Odisha & Another .... Opposite Parties
Mr.D.K. Mishra, AGA
Miss. Samapika Mishra, Advocate (O.P.2)
CORAM:
MR. JUSTICE D.DASH
ORDER
Order No. 29.08.2023
03. 1. This matter is taken up through hybrid arrangement
(virtual/physical) mode.
2. Heard.
3. Admit.
4. On consent of the learned counsel for the Petitioner
(accused) and the learned counsel for the Opposite Party No.2
(Complainant), the petition is heard on merit. Order as
follows:-
5. The petitioner (accused) has filed this Revision
questioning the legality and propriety of the judgment dated
03.07.2023 passed by the learned Additional Sessions Judge,
Anandapur in Criminal Appeal No.10 of 2021, confirming the
judgment of conviction and order of sentence dated 01.l2.2021
passed by the learned Gram Nayadhikari, Gram Nayalaya,
Ghasipura in ICC (GN) Case No.59 of 2019 (Trial Case No.47
of 2020) which has been initiated by the Opposite Party No.2
as the Complainant.
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6. By the above judgment passed in the Appeal preferred
by this Petitioner, the finding of guilt recorded by the Trial
Court against the petitioner (accused) for commission of
offence under section 138 of the N.I. Act has been confirmed.
The petitioner (accused) having been sentenced to undergo
simple imprisonment for three (3) months and pay
Rs.4,00,000/- (Rupees Four Lakhs) as compensation in default
to undergo simple imprisonment for fifteen (15) days by the
trial court; on appeal, the same have not been interfered with.
7. The case of the complainant is that the Complainant
and accused are co-villagers. The accused, being in urgent need
of money, had taken money from the Complainant on two
occasions in the year 2016. On being demanded by the
Complainant, the accused issued four cheques vide Cheque
Nos.982816 to 982819. The said cheques being presented in
the Bank for collection got bounced for insufficiency of funds
in the account on which the cheques had been drawn. So, the
Complainant issued a demand notice in terms of clause(b) of
proviso to section 138 of the NI Act by registered post. The
accused when did not come forward to pay the amount covered
under the cheques and did not give any reply, the complaint
was filed.
8. The plea of defence is that of complete denial.
9. The Trial Court, on analysis of evidence, has recorded
the conviction as to the commission of offence under section
138 of the NI Act by the accused. Accordingly, he has been
sentenced as aforementioned.
10. The Appellate Court, on analysis of evidence at its
level, having gone to address the contentions raised by the
accused, has found no justification to differ with the finding of
the Trial court. The Appellate Court has thus confirmed the
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conviction and order of sentence as also the compensation as
stated above.
11. In course of hearing, learned counsel for the petitioner
(accused), instead of advancing his submission on the merit of
the finding of guilt recorded against the petitioner (accused) for
commission of offence under section 138 of the N.I. Act,
confines his submission on the question of sentence and
compensation.
12. In view of the above, I have heard the learned counsel
for the Petitioner (accused) and the Opposite Party No.2
(complainant) only with reference to the award of sentence and
compensation and have perused the judgments passed by the
courts below as also other evidence on record.
13. Learned counsel for the petitioner (accused) submits
that because of the bad financial condition of the Petitioner
(accused) prevailing for a long period, he has not been able to
pay the total amount covered under the cheques to the
Complainant. He submits that the accused, in spite of all best
possible efforts, has failed to improve his financial condition
and with much difficulty has been running his family. He thus
submits that the sentence of imprisonment stands too harsh for
the Petitioner (accused). According to him, in the situation, the
accused being visited with the sentence of imprisonment, it
would be causing undue hardship and suffering to his family
members, who are his dependants and it may so happen that
they would be pushed to starvation. He, therefore, prays for
disposal of the revision by setting aside the order of sentence as
to imprisonment with appropriate modification as to the award
of compensation. He also submits that the accused after having
deposited a sum of Rs.80,000/- with the Court below has again
paid Rs.17,000/-
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14. Learned counsel for the Opposite Party No.2
(complainant) submits that the complainant has been pursuing
the litigation for about seven years by now and the Petitioner
having not paid the amount covered under the cheques, the
Complainant has been suffering a lot and sustained huge loss
being not able to utilize his money, right at time of need and his
friendly gesture of accommodating the accused in tolerating
him for all the period, has been taken undue advantage of. She,
therefore, submits that the compensation be accordingly fixed.
15. Considering the submission made and in the facts and
circumstances, while confirming the finding of conviction; the
Revision stands disposed of by setting aside the order of
sentence of simple imprisonment for a period of three (3)
months and fixing the quantum of compensation at
Rs.2,75,000/- (Rupees Two Lakhs Seventy-five Thousand) to
be paid by the accused to the Complainant in two installments
with the stipulation that the first installment amount
Rs.1,00,000 (Rupees One Lakh) to be paid by 30th October,
2023 and the rest amount after adjustment of the amount
deposited in Court and, if any, subsequently paid to the
Complainant by 31st December, 2023 and in default of payment
of the same, the accused would undergo simple imprisonment
for a period of six months.
16. The amount lying in deposit with the courts below with
the accrued interest be paid to the Complainant on his prayer
upon observance of all required formalities.
17. The criminal revision is accordingly disposed of.
Issue urgent certified copy of this order on proper
Signature Not Verified
application.
Digitally Signed
Signed by: HIMANSU SEKHAR DASH
Reason: Authentication
Location: OHC (D. Dash)
Date: 31-Aug-2023 12:48:53 Judge
H
