PRAMOD KUMAR GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgement and order dtd. 18/9/2018 passed by Ld. Additional Sessions Judge, Bench II, City Sessions Court, Calcutta in Criminal Revision no. 306 of 2017 arose out of judgement and order dtd. 1/9/2017 passed by Ld. Metropolitan Magistrate 17th Court, Calcutta in complaint case no. C-439 of 2013, is challenged by this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC).

(2.) Complaint case no. C-439 of 2013 was initiated on a complaint under Sec. 138 of the Negotiable Instrument Act,1881 (hereinafter referred to as N.I Act) alleging inter alia that the complainant company and the accused, namely Pramod Kumar Gupta, had business relation for a long time and in discharge of existing liability accused issued two account payee cheques bearing no 902036 and 902037 dtd. 17/4/2013 to the tune of Rs.1,50,000.00 and 1,29,972/-respectively in favour of the complainant company, drawn on I.C.I.C.I Bank, Burrabazar Branch. Both the cheques were presented within the valid period to its drawee bank, but those cheques were dishonored on 19/4/2013 on account of insufficient funds. The complainant company sent a demand notice dtd. 27/4/2013 and the accused, on receipt of that notice, sent a reply to that notice.

(3.) Ld. Metropolitan Magistrate, 17th Court, ordered conviction and directed the convict Pramod Kumar Gupta to pay compensation of Rs.3,00,000.00 in default to suffer simple imprisonment for two months. Ld. Metropolitan Magistrate observed that accused failed to produce any document in support of plea of issuing of blank cheques or request for return back the those cheques. Ld. Magistrate took it for granted that cheques were issued by the accused in discharge of legally enforceable debt with the help of Sec. 139 of the NI Act and came to his final order of conviction.