BISWAJIT MAJI Vs. MOLOY DE

JUDGEMENT

(1.) This is a revisional application challenging an order dated 08.09.2015 passed by the Learned Sessions Judge, Purba Medinipur in Criminal Appeal No. 12270 of 2015, re-numbered as Criminal Appeal No. 01 of 2015, thereby directing the appellant to pay 50% of compensation amount for hearing of the application under Section 5 of the Limitation Act filed in connection with the appeal.

(2.) From the affidavit of service filed on behalf of the petitioner, it appears that notice was duly given to the complainant/opposite party. Despite service of notice, no one appeared on behalf of the complainant/opposite party.

(3.) On 12.11.2014 the Learned Judicial Magistrate, 2nd Court, Tamluk, Purba Medinipur convicted the present petitioner on a charge under Section 138 of the Negotiable Instruments Act for the dishonour of two cheques, one amounting to Rs. 20,000/- and the other amounting to Rs. 29,900/-, and sentenced him to suffer simple imprisonment till the rising of the Court and to pay Rs. 90,000/- as compensation to the complainant.