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TMI Blog2019 (6) TMI 818X X X X Extracts X X X X X X X X Extracts X X X X ..... undergo simple imprisonment for one month and also to pay compensation of Rs. 2 lakhs to the complainant under Section 357(3) of the Cr.P.C. 2. I have heard Mr. MU Mahmud, learned counsel for the petitioner and Mr. SK Agarwal, learned counsel appearing on behalf of private respondent. 3. Necessary factual matrix that emerges from the record is that the petitioner purchased the vehicle bearing registration No. AS-25/C 2385(bus) from the respondent/complainant amount for consideration of Rs. 3,35,000/- and entered into an agreement to that affect on 18.03.2007. The accused petitioner paid the complainant a sum of Rs. 1,30,000/- in cash and Rs. 20,000/- by cheque and also issued a post dated cheque (29.10.2007) of Rs. 1,85,000/- for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellate court has discussed and appreciated each and every aspect of the matter including the oral and documentary evidences. 7. The complainant has supported his complaint petition in his evidence and has stated that after entering into an agreement with the complainant that he is proposing to purchase the bus from the complainant for a consideration of Rs. 3,35,000/- he paid an amount of Rs. 1,30,000/- by cash and one another amount of Rs. 20,000/- by cheque and for the remaining amount of Rs. 1,80,000/- the accused issued post dated cheque. The complainant has produced and proved all the relevant documents pertaining to such transaction, like the agreement, the cheque in question, cheque return memo and the legal notice that was issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t dated cheque to the complainant as a security only and that apart there was no clause in the agreement towards assignment of interest but the complainant has illegally entered such stipulation as regard the payment of interest in the agreement. It was his plea that he paid the complainant all the balance amount by way of instalment and he is not liable to pay any interest and the complainant instead of returning the cheque for Rs. 1,85,000/- to him had fraudulently presented the cheque to the bank and whereas he has no such account number in the said bank. It is also noted that the accused in his statement has admitted that he has issued said post dated cheques to the complainant but the evidence he adduced i.e. his father, Khogeswar Dutt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the learned trial court it reflects that the matter has been duly appreciated by the court below. During the course of the proceeding, the complainant has exhibited the sale deed which was executed by the original seller Smt. Kusum Barua Saikia in favour of the complainant with the contention that for proper transfer of ownership the vendor will have to complete the necessary paper as per available in the office of the DTO. Thus, it was found that the bus was purchased by the complainant from the original vendor and the matter was under process for transferring the ownership in favour of the complainant. That being the position, while the petitioner being aware of such condition/stipulation in the agreement and he has already made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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