GOPAL CHANDRA MUKHERJEE Vs. MITA KARMAKAR

JUDGEMENT

(1.) The challenge in these two revisional applications are to the concurrent findings of the learned Additional Sessions Judge, 1st Track Court, Bankura in Criminal Appeal nos. 10 and 11 of 2006 whereby the judgement, order of conviction and sentence dated 29.3.2006 passed by the learned Judicial Magistrate, 6th Court, Bankura, in complaint case 2 no. 351 of 2009 and C352 of 2006 were affirmed. The learned Magistrate sentenced the petitioner to suffer imprisonment for 6 months and to pay a fine of L 400000/-, in default to suffer imprisonment for one month more and to suffer R.I. for six months and to pay a fine of L 2,00,000/- respectively.

(2.) The concurrent findings has been challenged in the following grounds : (i) that the learned Courts failed to appreciate that demand notices were not properly served and received by the petitioners; (ii) that the learned Magistrate exceeded his power in the matter of imposing fine amount; and iii) that the fine amount is excessive in nature and the money already paid by the petitioner while filing the revision application are to be taken into consideration;

(3.) The factual backdrop leading to these revision applications are stated below succinctly.