RAMENDRA NATH SHIT Vs. STATE

JUDGEMENT

(1.) Parties are present before me ami heard them.

(2.) The matter is taken up for hearing treating the same as on day's list.

(3.) By filing this application under sections 397/401/482 of the Code of Criminal Procedure, the accused-petitioner has prayed for setting aside the order of conviction and sentence passed by the learned Sessions Judge, Bakura in Criminal Appeal No. 14 of 2000 affirming the conviction and sentence passed by the learned Judicial Magistrate. First Class, 7th Court in Complaint Case No. 153 C of 1998/Trial No. 95/98 whereby the learned Magistrate was pleased to convict the accused-petitioner, Ramendra Nath Shit, under Section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for one year which has since been modified by the appellate court to the extent that the accused-petitioner should pay double the amount of the cheque amounting to Rs. 80,0000/- to the complainant/opposite party within three months from the date of the judgement and order, failing which the accused-appellant should surrender before the appropriate court for serving out the sentence.