BISWAJIT CHOWDHURY Vs. S S DISTRIBUTORS

JUDGEMENT

(1.) This proceeding arises out of an application under Section 401 read with Section 482 of the Criminal Procedure Code, 1973 and it is directed against the judgment and order dated 24.8.2001 passed by the Additional Sessions Judge, 13th Court, Alipore, 24-Parganas (S), in Criminal Appeal No. 19/2001 modifying the judgment and order of conviction and sentence passed by the Sub Divisional Judicial Magistrate, Alipore, 24-Parganas (S) in complaint case No. 112/97 convicting the petitioner for commission of the offence punishable under Section 138 of the N.I. Act, 1881 (as amended upto date) and sentencing him to pay a fine of Rs. 5000/-, in default simple imprisonment for 3 months and directing the petitioner to pay a compensation to the tune of Rs. 3,00,000/-.

(2.) Briefly stated the circumstances under which, the petitioner has come before this Court, are as follows :

(3.) In connection with the trial of the case, the petitioner appeared before the trial Court. The defence case in such trial was that there was different transactions on different dates between the petitioner and the O.P. and no such cheques of the alleged amount were issued. The petitioner claimed that following the usual practice in the business, he kept signed blank cheques and the O.P. used those cheques after inserting the amount appeared in such cheque. The specific case of the petitioner was that he received Rs. 1,03,985.93 paise from the O.P. out of which an amount of Rs. 53,985.93 paise was lying unpaid.