MITHUN MODAK Vs. DEEPAK KUMAR SHARMA

JUDGEMENT

(1.) The present revisional application has been referred praying for setting aside or modification of an order dtd. 24/12/2019 passed by the Learned Additional District & Sessions Judge, Raghunathpur, Purulia in Criminal Appeal No. 09 of 2019 preferred by the accused/petitioner on being convicted by the learned Magistrate in Complaint Case No. 04 of 2013 under Sec. 138 of the Negotiable Instruments Act.

(2.) The petitioner's case is that on basis of a false complaint with completely forged documents the petitioner has been implicated as an accused in a case of dishonor of cheque amounting Rs.3,30,000.00(Three lakhs and thirty thousand only) by the opposite party.

(3.) The petitioner pleaded not guilty to the commission of the alleged offence and faced the trial. But due to lack of proper legal guidance the petitioner was unable to defend himself in the aforesaid trial which was presided over by the Learned Additional Chief Judicial Magistrate, 2nd Court, Raghunathpur, Purulia. As a result the petitioner was convicted for the commission of offence punishable under Sec. 138 of the Negotiable Instruments Act and the petitioner was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,00,000.00 in default to further undergo simple imprisonment of one year.