RECREATION ADVERTISING SERVICES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mr. Sujan Chakraborty, learned Counsel appearing for the Recreation Advertising Services, the Petitioner in C.R.R.1208 of 2008, files the affidavit-in-opposition. Let it be kept with the record.

(2.) Mr. Sandipan Ganguly, learned Counsel appearing for the Manika Poti Biswas, the applicant in this CRAN application, contends that while disposing of the revisional application being C.R.R.1208 of 2008, this Court made a mistake apparent on the face of the record, which is contrary to the statute and for that his client is not supposed to suffer. He takes me to the concluding portion of the order dated 16.3.2011 passed in C.R.R.1208 of 2008 and submits that this Court in Clause (a) directed--

(3.) He refers to Sections 64, 65 and 66 of the Indian Penal Code and submits that according to provisions of law, the period for which the Court may direct the offender to suffer imprisonment in default of payment of a find shall not exceed l/4th of the term of the imprisonment which is maximum fixed for the offence, if the offence is punishable with imprisonment as well as fine. Mr. Ganguly submits that the offence under Section 138 of the NI Act is punishable with imprisonment as well; as fine. In fact, the learned Trial Court passed substantive sentence of imprisonment by way of detaining his client and Ors. till rising of the Court and to pay compensation of Rs. 6,50,000/-. No default clause was added to in case: of failure to pay compensation. This Court while disposing of the criminal revisional application added that default clause only and directed the opposite parties therein to pay compensation amount, failing which they suffer S.I. for 2 years.. The client of Mr. Ganguly, in fact, appeared in the Court and wanted to deposit proportionate fine on 7.5.2011. The learned Trial Court found it difficult to accept that proportionate fine amount because of the order passed by this Court in the criminal revisional application whereby all the opposite parties were put under joint liability to pay the whole compensation amount of Rs. 6,50,000/-.