NANI GOPAL DUTTA Vs. ASHARAM RAMPRATAP

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure against the impugned Judgment and Order dated 10.12.2010 passed by the Learned Additional Sessions Judge, Fast Track Court No.II, Calcutta in Criminal Revision No. 153 of 2009 arising out of an order dated 24.08.09 passed by 13 th Metropolitan Magistrate Calcutta in C Case No. 559 of 2005 (TR 616/2005) under Section 138 of the Negotiable Instruments Act whereby the revisional application was dismissed.

(2.) The case of the complainant, in short, is that the complainant is the authorised person of M/s Asharam Rampratap, a partnership firm for filing this petition of complaint on behalf of the complainant firm. The accused is running a business on textile items under the name and style "M/S Anupam". The said accused had business transaction with the complainant firm and in the discharge of the debt or liability, the accused issued one A/C payee cheque No. 071778 dated 15.3.2005 for Rs. 1,48,636.00 on Bank of Baroda, Sodepur Branch, North 24-Parganas, in favour of the complainant firm. The Complainant presented the said cheque within the period of validity with the Allahabad Bank, Kolkata for clearing. The said cheque was dishonoured on 12.04.05 and the intimation to that effect was received from the complainant's bank on 17.4.05. The complainant issued demand notice through their learned Advocate and sent it by registered post with A/D Card. Inspite of the receipt of the demand notice on 5.5.2005, the accused did not pay the cheque amount. For the said reasons the petition of complaint was filed.

(3.) After hearing the parties and on perusal of the evidence on record the Learned Metropolitan Magistrate, 13 th Court, Calcutta, convicted the accused and sentenced him to suffer S.I. for one month and also to pay a sum of Rs. 2,00,000/- ( Rupees two lakh only) as compensation to the complainant as per provision of Section 357 (3) of the Cr. P.C. The accused preferred a Criminal Revision bearing No. 153 of 2009 which was dismissed by the Learned Additional Sessions Judge, Fast Track Court No. II, Bichar Bhawan, Calcutta.