BALARAM CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner Balaram Chowdhury was convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1981 and sentenced to pay a fine of Rs.1 lakh with default stipulation by the Judicial Magistrate First Class Sabroom in case No CR 499 of 2012 (NI) by judgment and order dated 19/01/16 along with Amiya Gopal Datta who was also convicted for the same offence and sentenced to pay the same amount of fine. Pursuant to the judgment of the trial court said Amiya Gopal Datta has already paid the fine whereas petitioner Balaram Chowdhury preferred criminal appeal No.8 of 2016 in the court of Sessions Judge in South Tripura at Belonia challenging the judgment of the trial court. The appellate court vide judgment dated 09.08.2018 in Criminal Appeal No 8 of 2016 affirmed the judgment of the learned trial court.

(2.) Brief facts of the case are as under:

(3.) The trial court took cognizance of offence punishable under Section 138 of the NI Act on the basis of the said complaint lodged by Sri Manik Debnath [PW-1] and summoned the accused persons to appear before the court. When the accused persons appeared before trial court, learned trial judge stated the particulars of the offence to them in terms of Section 251 Cr.P.C. which is as under: