SANDIP MUKHERJEE Vs. VIVEK AGARWAL

JUDGEMENT

(1.) The present revisional application has been preferred by the Petitioner/Convict against an order dtd. 29/8/2019 passed by the Learned Additional District and Sessions Judge, 1st Fast Track Court, Bichar Bhavan, Calcutta, in Criminal Appeal No. 07/2017, affirming partly the order dtd. 19/11/2016 passed by the Learned Metropolitan Magistrate 12th Court, Calcutta in Complaint Case no. 4042 of 2009.

(2.) The petitioner's case is that there was a previous acquaintance between the present petitioner and the opposite party herein based on which both the parties entered into a memorandum of understanding (MOU) dtd. 31/10/2008 wherein it is stated that the opposite party herein paid a sum of Rs.8,50,000.00 to the petitioner on conditions mentioned therein. There was a computer center of the appellant in the name of "Mira System Pvt. Company" and one of the conditions for providing the said accommodation loan was that the appellant would close his computer center by 1/4/2009 along with payment of the said accommodation loan with 24% interest before 28/2/2009.

(3.) It is further alleged that the appellant issued a cheque of Rs.8,50,000.00 dtd. 31/10/2009 to opposite party but on presentation it was dishonored. Thereafter necessary legal formalities were initiated by the opposite party, who filed a complaint under Sec. 138 of Negotiable Instruments Act, before the Learned Metropolitan Magistrate, 12th Court at Calcutta, on 12/12/2009 whereby the Learned Trial Judge was pleased to hold the petitioner guilty and was further pleased to sentence the petitioner to undergo simple imprisonment for six months and directed the petitioner to pay a sum of Rs.12,50,000.00 to the opposite party.