SAIFUDDIN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this revisional application is to the judgment and order dated 24.04.2007 in Criminal Appeal No. 1 of 2007 passed by the learned Additional Sessions Judge, 5th Court, Burdwan dismissing the appeal of the petitioner in part and affirming the order of conviction and sentence of the petitioner dated 29.11.2006 passed by the learned Judicial Magistrate, 2nd Court, Burdwan in C. R. Case No, 535 of 1998 under section 138 of the Negotiable Instruments Act. This revisional application has been filed by the petitioner challenging the legality, validity and propriety of the order mainly on the ground that the demand notice which was issued on the petitioner under clause (b) of the proviso to section 138 was not in consonance with the provisions of law and the ld. Trial Court as well as the Appellate Court failed to deal with that particular important legal aspect while passing the judgments.

(2.) The petitioner has challenged concurrent findings whereby his conviction under Section 138 of the Negotiable Instruments Act was recorded. Ordinarily, the High Court does not interfere into a concurrent findings unless there is violation of any principle of fundamental or established law resulting in gross miscarriage of justice.

(3.) In this revisional application, the petitioner has raised a legal question and violation of established principle of law. Therefore, the question so raised by the petitioner is to be answered and this Court cannot avoid the issue simply because the revisional application is filed against a concurrent findings.