SONAM TENZING BHUTIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dtd. 22/8/2005 passed by the learned Additional Sessions Judge, 3rd Court at Darjeeling in Criminal Appeal No.2 of 2001, thereby dismissing the appeal filed on behalf of the petitioner and affirming the judgment and order dtd. 30/7/2001 passed by the ld. Chief Judicial Magistrate, Darjeeling in C.R Case No.36 of 1999 is under challenge in the instant revision.

(2.) It is pertinent to mention at the outset that the opposite party no.2 filed a court complaint alleging commission of offence under Sec. 138 of the Negotiable Instruments Act against the present petitioner which was registered as C.R Case No.36 of 1999. The said case was disposed of by a judgment and order dtd. 30/7/2001 thereby convicting the petitioner of the charge under Sec. 138 of the Negotiable Instruments Act and sentencing him to suffer rigorous imprisonment for six months and to pay fine of Rs.8,34,526.00, in default to suffer further imprisonment for two months.

(3.) The case of the complainant/opposite party No.2 was as follows:-