SUBRATA BIKASH DATTA Vs. JIBAN KUMAR RAKSHIT

JUDGEMENT

(1.) Petitioner original complainant of a cheque bouncing case has challenged an order dated 23.02.2021 passed by the learned Sessions Judge, North Tripura, Dharmanagar on an application filed by the petitioner in an appeal filed by the respondent No.1 the original accused.

(2.) Brief facts are as under:

(3.) The accused challenged the said judgment of the Magistrate before the Sessions Court. This appeal was admitted on 27.02.2020. On the same date the Sessions Court also passed an order suspending the sentence without imposing any condition on the accused. Significantly, this order was passed without any notice to the complainant. The complainant received the notice of admission of appeal on 08.03.2020. According to him, however, soon thereafter there was a nationwide lockdown and on account of which he could put up his appearance before the Sessions Court only on 20.08.2020 once the situation became semi normal. On 17.11.2020 the petitioner moved an application before the Sessions Court in the said pending appeal and requested that the appellant be directed to deposit 20% of the fine amount in terms of Section 148 of the Negotiable Instruments Act. This application was dismissed by the appellate Court by impugned order dated 23.02.2021 on following grounds: