DIPAK MAJUMDER Vs. SWAPAN PODDAR

JUDGEMENT

(1.) The instant criminal revision is filed by the accused/appellant of Criminal Appeal No.32 of 2016 challenging legality, validity, correctness and propriety of the judgment and order dated 12th September, 2017 passed by the learned Additional Sessions Judge, Fast Track Court, Serampore in connection with the above mentioned criminal appeal affirming the judgment and order dated 29th July, 2016 passed by the learned Judicial Magistrate, 3rd Court, Serampore in C.R. Case No.249 of 2012 under Section 138 of the Negotiable Instruments Act.

(2.) The opposite party filed a complaint under Section 138 of the Negotiable Instruments Act (hereafter described as the said Act) in the Court of the learned Additional Chief Judicial Magistrate, Serampore which was registered as C.R. Case No.249 of 2012. The said case was transferred to the 3rd Court of the learned Judicial Magistrate. After trial the learned Magistrate held the accused persons guilty for committing offence under Section 138 of the said Act and sentenced him to pay fine of rupees one lakh twenty thousand, in default, to suffer simple imprisonment for six months. The accused/petitioner challenged the said judgment and order of conviction and sentence passed in C.R. Case No.249 of 2012 before the Fast Track Court of the learned Additional Sessions Judge, Serampore in Criminal Appeal No.32 of 2016. The said appeal was also dismissed. Hence, the instant application under Section 482 of the Code of Criminal Procedure.

(3.) It is needless to say that sitting in criminal revisional jurisdiction this Court cannot appreciate and evaluate the evidence on record adduced by the opposite party during trial of the case as witness. In other words, appreciation of evidence is not permitted in criminal revision. The power of the Court is only confined to examine legality, validity, correctness and propriety of the order.