JAYANTA BANIK Vs. RITISH SARKAR AND ORS.

JUDGEMENT

(1.) By means of this petition filed under section 397 read with section 401 of the Cr.P.C., the judgment and order dated 29.05.2013, delivered in Criminal Appeal No. 39(3) of 2012 by the Additional Sessions Judge West Tripura, Agartala, Court No.3 has been questioned.

(2.) The judgment of conviction dated 18.08.2012 delivered in Case No. N.I. 79 of 2008 by the Additional Chief Judicial Magistrate, West Tripura, Agartala, has been affirmed by the judgment dated 29.05.2013, hereinafter, referred to as the impugned judgment.

(3.) Mr. D.C. Roy, learned counsel appearing for the petitioner has submitted that there is substantive failure to appreciate the grounds of objection as raised by the petitioner as to the service of notice and admission of the documents namely notice after dishonour of cheque from the bank and the cheques itself purportedly issued by the respondent No.1 while passing the impugned judgment. It has been contended for the petitioner that the statement has been treated as the admission by the petitioner cannot also be accepted as admission as the petitioner has categorically denied of executing such document. The bare minimal fact that would be required to lay the perspective of the challenge, may be noted as under :