SUSANTA PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against a judgment dated 20th of February, 2019 passed by the Learned Additional Sessions Judge, First Court, Hooghly Sadar at Chinsurah in Criminal Appeal No. 46 of 2011, convicting the present petitioner for commission of offence punishable under Sec. 138 of the Negotiable Instrument Act and sentencing him to suffer simple imprisonment for six months and also to pay a fine of Rs.1,22,775.00 (no sentence in default of fine has been passed) thereby setting aside an order of acquittal dated 26th of September, 2011, passed by the learned Judicial Magistrate, 3rd Court, Hooghly Sadar, Chinsurah, in C.R. Case No. 579 of 2009.

(2.) The petitioner's case is that in the year 2009, the present opposite party No. 2 filed one petition of complaint before the Learned Chief Judicial Magistrate, Hooghly Sadar, Chinsurah alleging thereby commission of offence punishable under Sec. 138 of the Negotiable Instrument Act, against the present petitioner and the same was registered as C.R. Case No. 579 of 2009. The Learned Chief Judicial Magistrate, Hooghly Sadar, Chinsurah, after perusing the petition of complaint has been pleased to take cognizance and transferred the case to the file of the Learned Judicial Magistrate, 3rd Court, Hooghly Sadar, Chinsurah, for disposal.

(3.) The Learned Judicial Magistrate, 3rd Court, Hooghly Sadar, Chinsurah, after conclusion of trial, by an order dated 26th of September, 2011, has been pleased to pass an order of acquittal thereby holding the petitioner herein not guilty.