Beruflich Dokumente
Kultur Dokumente
BIPUL SARMA
…………..Complainant.
V.
……..Accused persons.
19-09-2012.
JUDGMENT
1. The prosecution case in brief is that Sri Bipul Sarma, Sri Dornakanta Bori
and Sri Rana Barthakur are well known to each other and that Sri
Dornakanta Bori is the Chairman and Sri Rana Barthakur is the Secretary of
the Missamora Samabai Samittee Ltd, Missamora. Rana Barthakur being
the Secretary of the Samabai Samittee asked Bipul Sarma to invest an
amount of Rs 3,70,000/- (rupees three lakh seventy thousand only) in the
samittee as Bipul Sarma is a shareholder in the samittee. Thereafter Bipul
Sarma invested an amount of Rs 2,70,000/-(rupees two lakh seventy
thousand only) and Rana Barthakur received this amount after executing an
agreement on 14-06-2010 and also executed a hand note acknowledging
the receipt of the said amount on 14-06-2010. As per condition of
agreement dated 14-06-2010 Rana Barthakur gave Bipul Sarma an amount
of Rs 13,500/- (rupees thirteen thousand five hundred only) from the profit
earned by the Samittee from the amount invested by Bipul Sarma. Bipul
Sarma did not receive any amount from profit earned by the Samittee for
which Bipul Sarma wrote a letter to the Missamora Samabay Samittee Ltd
asking the same to return his invested amount of Rs 2,70,000/-(rupees two
lakh seventy thousand only) including the profit earned from the invested
amount for last six months amounting to Rs 81,000/- (rupees eighty one
thousand only) and total amounting to Rs 3,51,000/-(rupees three lakh fifty
one thousand only). Rana Barthakur received the said letter and issued a
cheque bearing No 037668 dated 07-02-2011 for Rs 3,51,000/- drawn on
the Assam Co-operative Apex Bank Limited, in discharge of his liability to
pay the same amount to Bipul Sarma under the joint signatures of
Dornakanta Bori and Rana Barthakur.
2. The Complainant Bipul Sarma was examined U/S 200 Cr.P.C vide his sworn
in affidavit and after perusal of the complaint petition, statement of the
complainant on oath and the documents filed therewith, this court took
cognizance under section 138 of the Negotiable Instrument Act 1881
against the accused persons and issued summons to the accused persons
for facing trial.
5. The accused were examined under section 313 of the Code of Criminal
Procedure on 21-12-2011 and in their examination they have denied the
allegations leveled against them and stated those to be baseless.
6. Heard the arguments advanced by the Learned Counsels of both the sides.
7. After analyzing the evidences and various documents in record and also
after hearing the arguments lead by the Learned counsels of both the sides
I frame the following points for determination:
(A) Whether the accused Sri Rana Barthakur in the capacity of the Secretary
of the Missamora Samabai Samittee and on behalf of the same Samittee
took an amount of Rs 2,70,000/- from the complainant by executing an
agreement and a hand note and was under liability of paying back an
amount of Rs 3,51,000/- for which both the accused persons issued a
cheque bearing No 037668 dated 07-02-2011 in favour of the
complainant to be drawn at the Assam Co- Operative Apex Bank,
Dergaon Branch.
(B) Whether the said cheque was dishonoured by Assam Co- Operative
Apex Bank, Dergaon Branch, due to insufficient fund in the Missamora
Samabai Samittee’s account, maintained at the same bank and the
accused persons failed to pay the amount mentioned in the cheque
within 15 days from the receipt of the lawyer’s notice and thereby the
accused persons being signatories of the cheque, committed an offence
punishable under section 138 of the N.I.Act.
ii) PW1 has deposed that as per the agreement i.e. Exhibit 8,
the accused No 2 paid him an amount of Rs 13,500/- (rupees thirteen
thousand five hundred only) as profit earned by the Samittee for the month
of July 2010 from the amount invested by him. He has deposed that
thereafter since July 2010 till January 2011, the accused No 2 has not made
any payment to him from the profit earned by the Samittee and for this
reason on 06-01-2011 he wrote a letter to the Missamora Samabai
Samittee asking return of his invested amount i.e Rs 2,70,000/- and the
profit earned from his investment by the Samittee for last six months
amounting to Rs 81,000/- i.e Rs 3,51,000/- in total. Exhibit 10 is a copy of
the said letter and Exhibit 10(1) is the signature of accused No 2
acknowledging the receipt of the original letter.
vi) PW1 has further deposed that after the dishonor of the
cheque, he wrote a letter to the Chairman viz Sri Jiban Baruah on 19-02-
2011 about the dishonour of the cheque but the Chairman Sri Jiban Baruah
in his reply dated 21-02-2011 refused to take the liability stating that he is
not the signatory in the alleged cheque. Exhibit 12 is the letter of the
Chairman of the Samittee and Exhibit 12(1) is the signature of Sri Jiban
Baruah.
9. In the result from the facts and circumstances of the case and after
detailed analysis of the evidences on record I am of the opinion that the
prosecution has succeeded in proving the charge under section 138 of the
Negotiable Instrument Act, 1881 against the accused persons Sri Rana
Barthakur and Sri Dornakanta Bori beyond any reasonable doubt and hence
the accused are convicted.
The Learned Counsel for the complainant has stated that the
complainant suffered a huge loss due to filing litigating and prays for
awarding a compensation equivalent to double the cheque amount. On the
other hand the Learned Counsel for the accused stated that the accused
persons are only service holders and have their respective families to
support and prays for leniency.
11. Signed, sealed and delivered in the open court, on this 2nd day of Febraury,
2013, at Golaghat.