HARI NARAYAN BURNWAL Vs. RAM GOPAL SANTHALIA

JUDGEMENT

(1.) BY filing the instant application under Article 227 of the Constitution, the petitioner has sought to assail the impugned judgment and order No. 28 dated 30th January, 2008 passed in Criminal Appeal No.l of 2006 by learned First Court, Fast Track, Additional Sessions Judge, Asansol. Learned Appellate Court by the said judgment affirmed the judgment, order and sentence dated 10th July, 2006 passed by the learned 6th Court of Judicial Magistrate, Asansol in Complaint Case No.87 of 1998.

(2.) GRIEVANCE of the petitioner as ventilated in the present application may briefly be stated as follows :-

(3.) ON the other hand, the accused examined himself as D.W.I. Documents were exhibited. The accused was extensively examined under Section 313 of the Code of Civil Procedure. Thereafter by judgment and order dated 10th July, 2006, learned Magistrate held the accused/petitioner guilty of the offence under Section 138 of the Negotiable Instruments Act. The accused was convicted accordingly and was directed to suffer imprisonment for a period of six (6) months and to pay a fine of Rs.25, 000/-, in default, he was further sentenced to suffer imprisonment for a period of three (3) months.