KUSUM JAIN Vs. VINAY KUMAR AGARWALA

JUDGEMENT

(1.) A Short but, indeed, an intricate question of law is raised in this revision application. To be stated precisely, the manner in which the learned Appellate Court suspended the sentence under challenge in the appeal is, in fact, questioned in this application.

(2.) In a case, under Section 138 of the N.I. Act, being no. C 986 of 1999, the learned Metropolitan Magistrate, 4th Court, Calcutta found the appellant guilty of offence and sentenced him to pay a fine of Rs. 15,05,000/-, in default, to suffer S.I. for 3(three) months. The learned Court directed to pay Rs. 15,00,000/-, in case fine is realised, to the complaint of the case as compensation. That judgement and order has been challenged in an appeal in the Court of learned Chief Judge, City Sessions Court, Calcutta being Criminal Appeal No. 74 of 2010.

(3.) The order dated 18.8.2010 passed by the learned Chief Judge, City Sessions Court, Calcutta which has been impugned in this application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as The Code) is reproduced below :