SANKAR GHOSH Vs. RIKTA PAL (SARKAR)

JUDGEMENT

(1.) This present criminal revision petition has been filed under Sec. 397 read with Sec. 401 of the Criminal Procedure Code, 1973 against the impugned Judgment & Order dtd. 23/8/2023, passed by the learned I/c Sessions Judge, South Tripura, Belonia, in Criminal Appeal No. 25 of 2019, affirming the Judgment of conviction of the petitioner dtd. 27/8/2019 passed by the learned Chief Judicial Magistrate, South Tripura, Belonia, in case no. N.I. 4 of 2017, for committing offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, and modifying the sentence of the appellant from suffering simple imprisonment for 1 (one) year and to pay a fine of Rs.4,20,000.00, and in default of making the payment of the fine to suffer simple imprisonment for six months.

(2.) The brief fact of this case is that the petitioner who is a contractor by profession had a good relationship with Sankar Prashad Sarkar (now deceased) a fellow contractor and for the purpose of his business, he obtained a loan of Rs.2,10,000.00 on 12/5/2015. After some days the petitioner in discharge of said loan liability issued a post-dated cheque bearing No.927029 drawn at SBI, Kunjaban Branch, Agartala in favour of Sankar Prashad Sarkar. Upon the death of deceased-Sankar Prashad Sarkar, on presentation of the cheque to SBI, Belonia Branch on 2/9/2016 by respondent No. 1, being the widow of Sankar Prashad Sarkar, it was dishonored on 28/11/2016 on the ground of insufficiency of the fund in the account of the petitioner. After such dishonor, the petitioner though assured to make payment of the cheque amount, but, did not do so. Following such failure, respondent No.1 on 14/12/2016 served statutory notice upon the petitioner through her lawyer. Despite receipt of said notice the petitioner did not comply with the demand as required in the notice. Such non-compliance with the demand was followed by a complaint under Sec. 138 of the NI Act filed by the complainant respondent before the learned Trial court.

(3.) On such complaint, cognizance of offence under Sec. 138 of the N.I. Act was taken by the learned Trial court against the petitioner. The learned Chief Judicial Magistrate, South Tripura, Belonia, after taking cognizance proceeded for disposal. To prove the case, from the prosecution side, one witness was examined i.e. respondent no. 1 herself, and also proved some documents. On the other hand, the petitioner also adduced himself as defence witness. Learned Chief Judicial Magistrate, South Tripura, Belonia, after hearing both sides vide judgment dtd. 27/8/2019 convicted the petitioner for committing offence punishable under Sec. 138 of the Negotiable Instruments Act.