SHIB SANKAR SARKAR Vs. NABO KUMAR SINGHA

JUDGEMENT

(1.) The present revision has been preferred against the Judgment and Order dated December 19, 2019 passed by the Learned Additional Sessions Judge, Ranaghat, Nadia in Criminal Appeal No. 1 of 2019 affirming thereby the order of Conviction and partially modifying the Sentence passed by the learned Judicial Magistrate, 2nd Court, Ranaghat in C Case No. 61 of 2012 with a direction upon the appellant/accused to undergo simple imprisonment for 6 (six) months only in default of payment of the double of the cheque amount of Rs.1,20,000.00 within 1 (one) month from the date of the order and set aside the substantive sentence.

(2.) The petitioner's case is that the petitioner is a businessman by occupation. On June 19, 2012 the Opposite Party lodged a complaint against the petitioner under Sec. 138 of the Negotiable Instruments Act. It was alleged in the complaint that the petitioner received a sum of Rupees 1,65,000/- from the complainant for constructing a 2 storied building at Gagan Babur Bazar, within the jurisdiction of Taherpur Police Station. The petitioner agreed to deliver the possession of a shop room from the said construction to the opposite party. Subsequently the petitioner gave 2 cheques, one bearing number 784165 dated January 31, 2012 to the tune of Rupees 30,000/- and another cheque bearing number 784168 dated February 29, 2012 to the tune of Rupees 30,000/- both drawn on State Bank of India, Garden Reach Branch.

(3.) On February 29, 2012 the cheques were deposited by the complainant through his banker UCO bank, Badkulla Branch. The said cheque was returned unpaid by the banker of the Opposite Party/complainant on March 07, 2012.