PRATIM DAS Vs. EMARAT SEBJI

JUDGEMENT

(1.) The revisional application has been preferred praying for setting aside/quashing of the judgment and order dtd. 5/10/2018 passed by the Learned Additional District Judge, 4th Court, Malda, Acquitting the appellant Emarat Sabji who was convicted and sentenced under Sec. 138 N.I. Act to suffer simple imprisonment for two days and also directed to pay compensation of Rs.5,50,000.00 to complainant namely Pratim Das in default to suffer simple imprisonment for six months by the Judgment and Order dtd. 12/4/2018 passed by the Learned Judicial Magistrate, 1st Court, Malda in Case No. 392C/2012.

(2.) The said Emarat Sebji was the accused before the Learned Trial Court in complaint Case No. C 392/12/T.R. No. 1100/12 and he was found guilty U/S 255(2) Cr.P.C. and was convicted for the offence punishable U/s 138 of the N.I. Act and was sentenced to suffer simple imprisonment for two days U/s 138 of N.I. Act and was directed to pay compensation of Rs.5,50,000.00 to the complainant Pratim Das and in default to suffer simple imprisonment for six month.

(3.) The convict/Emarat Sebji/opposite party challenged the impugned judgment of Learned Trial Court and filed an appeal before the Learned District and Sessions Judge, Malda and the Ld. District and Sessions Judge transferred the Appeal to the court of the Learned Additional District Judge, 4th Court, Malda and on 5/10/2018 the Learned Additional Judge, 4th Court, Malda after hearing all the parties passed the judgment and order under revision acquitting the appellant Emarat Sebji from all charges and set aside the judgment/order of conviction dtd. 12/4/2018 passed by the Learned Judicial Magistrate, 1st Court, Malda in Case No. 392C/2012.