LAWS(CAL)-2022-9-168

MANJIR CHATTERJEE Vs. SUSHANTA DUTTA

Decided On September 30, 2022
Manjir Chatterjee Appellant
V/S
Sushanta Dutta Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dtd. 28/11/2018 passed by the court of Additional Sessions Judge Fast Track 2nd Court, City Sessions Court, Calcutta in criminal revisional Application No. 308/2017 present application under Sec. 482 of the code of Criminal Procedure has been preferred. By the impugned judgment learned Appellate Court affirmed the judgment of conviction dtd. 21/9/2017 passed by learned Metropolitan Magistrate, 14th Court, in C 8925/2006.

(2.) In the aforesaid proceeding being C 8925 of 2006 the petitioner was asked to stand trial to answer the allegations leveled under Sec. 138 of Negotiable Instrument Act (N.I. Act , 1881).

(3.) The instant criminal proceeding was instituted against the petitioner on the basis of the petition of complaint filed by the opposite party herein alleging commission of offence by the petitioner under Sec. 138 of the Negotiable Instrument Act, 1881. In the said petition of complaint it has been alleged that with the intention of defrauding the opposite party herein, petitioner used to visit his office while he was serving as AGM of the international banking division of United Bank of India. It is further alleged that petitioner made false representations of her resources to run an export business and the opposite party, being a person with extremely generous and benevolent outlook had helped the petitioner in respect of her proprietorship concerned, namely, M/s. FOLK. By taking advantage of such benevolent personality as well as the official capacity of the opposite party herein, the petitioner barrowed a sum of Rs.18,60,895.00 , out of which after long persuasion the petitioner repaid a sum of Rs.10,69,000.00 to the opposite party. Inspite of repeated requests, the petitioner did not pay the balance amount and accordingly the opposite party herein asked her to repay the balance amount by different letters. The petitioner issued an account-payee cheque in favour of opposite party herein in respect of outstanding liabilities being no.951441 dtd. 21/6/2006 for a sum or Rs.8,00000.00 drawn on Syndicate Bank, Baguihati Branch. When the said cheque was presented by the opposite party to its banker, it was returned with the remark "insufficient fund". Opposite party sent legal notice on 17/7/2006 thorough his advocate demanding payment of the dishonoured cheque amount and petitioner inspite of receipt of the said notice on 21/7/2006, has failed to pay the cheque amount. In response to the said demand notice, the petitioner herein sent a reply on 1/8/2006.