UTTAM GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revision is against the judgment and order dtd. 29/8/2019 in Criminal Appeal No. 05 of 2016 passed by the learned Additional Sessions Judge, Fast Track Court, Katwa, Purba Bardhaman in Criminal Appeal No. 05/2016 thereby affirming the order dtd. 7/4/2016 passed by the learned Judicial Magistrate, 1st Class, 3rd Court, Katwa in complaint Case No. 193/2011, sentencing the appellant to suffer S.I. for 2 months or to pay a fine of Rs.4,50,000.00(Rupees Four Lakhs Fifty thousand) only I.D. to suffer simple imprisonment for one month, fine if realized Rs.4,50,000.00 be given to the complainant as compensation for the loss.

(2.) The petitioner 's case is that he is a cultivator by profession. The complainant/opposite party no. 2 's case is to the effect that the petitioner took an Agricultural Term Loan of Rs.3,71,000.00 and inspite of several requests, the petitioner did not take any step for repayment and lastly by letter dtd. 4/2/2010, the O.P. No. 2 requested the petitioner to make payment. The petitioner issued O.P. No. 2 a post dated cheque being no. 02 0082 dtd. 10/5/2011 amounting to Rs.3,77,034.00 from his SB A/c. No. 320010100023214 maintained with the O.P. No. 2, complainant bank. The cheque was dishonoured with the reasons "Insufficient Funds ". The O.P. No. 2 sent a legal notice with A/D on 1/6/2011 requesting the petitioner to make payment of the loan amount within 15 days of receipt of the notice but the petitioner did not repay the loan amount and as such the aforesaid case was filed. Cognizance of the present complaint was taken by the learned A.C.J.M., Katwa on 25/7/2011 on completion of trial, the petitioner was convicted by the learned Magistrate as above and the judgment and order of conviction on appeal was affirmed by the Sessions Court. Hence the present revision.

(3.) Mr. Somnath Banrejee, learned Counsel for the petitioner has submitted that the impugned judgment and order of conviction and sentence is bad in law and liable to be set aside. That the learned Court failed to appreciate the law and the facts in its proper perspective and the judgment and order of conviction and the sentence is unsustainable in law since the loan amount has been paid. The impugned judgment is otherwise bad in law and the same is liable to be set aside. The impugned judgment and order if allowed to sustain shall ensure failure of justice.