The respondent No.1, Sri Joy Prakash Chouhan has lent a sum of Rs.2 lac to the petitioner, on being approached by him, and to discharge his liability, the petitioner has given the respondent No.1, two cheques, and one of the aforesaid two checque, was for an amount of Rs.50,000/- and the other cheque being No.211646, dated 30.03.2010, for a sum of Rs.1,50,000/-. And as per instruction of the petitioner, the respondent No.1 has deposited the said cheque of Rs.1,50,000/- in the month of April, 2010, for encashment with his banker, but the same returned unpaid, vide memo dated 30.04.2010, to the effect that the accused did not have sufficient fund in his account to honour the cheque. Thereafter, the respondent No.1 has requested the petitioner to make payment and then, the petitioner asked him to deposit the cheque again and accordingly, the respondent No.1 has deposited the cheque with his banker, but, again the same returned dishonoured vide memo, dated 28.07.2010, as the petitioner did not have sufficient fund in his account. Thereafter, on 26.08.2010, the respondent No.1 has sent one legal notice to the petitioner, demanding payment of the cheque amount, but, the petitioner failed to make payment of the said amount in spite of receipt of notice. And then the respondent No.1 lodged a complaint under Section 138 of the N.I. Act, against the petitioner before the Court of learned SDJM (S)-II, Guwahati. Thereafter, hearing both sides, the learned trial Court has convicted the petitioner under Section 138 of the N.I. Act and sentenced him, as aforesaid.
