PRABHABATI DEVI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this proceeding under Sec. 482 of Cr.P.C., read with Article 227 of the Constitution of India is to the judgement and order passed by learned Judge, 7th Bench, City Sessions Court, Calcutta in Criminal Revision No. 16 of 1995, reversing the order of acquittal passed by learned Metropolitan Magistrate, 17th Court, Calcutta in Complaint Case No. C/200/92 into an order of conviction.

(2.) Briefly stated, the petitioners Prabhabati Devi and Shankar Prasad Shrivastab issued a cheque of Rs.44,923.00 on 9/9/1991 in favour of Radhe Shyam Murarka in discharge of their liability to pay the value of 65 bags of gram supplied on 31/7/1991. The cheque was presented by the drawee and was returned for want of fund with the remarks "Not arranged for". The complainant, thereafter, sent a notice dtd. 20/3/1992 to the accused persons under registered post with acknowledgement due which came back with the endorsement "Not claimed". Thereafter, the petition of complaint was filed under Sec. 138/141 of the N.I. Act. The parties adduced evidence and learned Trial Court was pleased to hold that the complainant failed to comply with the mandatory provision as laid down under the N.I. Act as the notice was not served upon the accused persons.

(3.) Learned Trial Court recorded an order of acquittal which was challenged before the learned Judge, 7th Bench, City Sessions Court, Calcutta by the complainant in a criminal revision. Learned Judge, 7th Bench, City Sessions Court, Calcutta while exercising the jurisdiction of criminal revision, was pleased to reverse the finding of learned Trial Court and recorded an order of conviction of the Opposite Parties and sentenced them to pay fine of Rs.90,000.00 within one month from the date of order in default to suffer imprisonment for one year.