RAVI MODI Vs. SHASHI KANT BUBNA

JUDGEMENT

(1.) The present revision has been preferred against the judgment and order dtd. 29/3/2019 passed by the Learned Additional District & Sessions Judge Fast Track Court - I, Bichar Bhawan, Kolkata in Criminal Revision No. 145 of 2018, thereby affirming the judgment and order dtd. 15/9/2017 passed by the 18th Metropolitan Magistrate, Kolkata in Complaint Case No. C-3290/2014 under Sec. 138 of the Negotiable Instruments Act, convicting the accused/petitioner herein under Sec. 255(2) of the Code of Criminal Procedure and sentencing him to undergo Simple Imprisonment for 3 months and to pay a sum of Rs.17,00,000.00 (Rupees Seventeen Lakhs) as compensation to the Complainant/Respondent No. 1 herein as per Sec. 357(3) of Cr.P.C. within 4 months from the date of that order in default, Simple Imprisonment for four months.

(2.) The Opposite party no.1/Complainant filed the Complaint case alleging there in that the petitioner approached the opposite party No.1 for a loan and accordingly the complainant/opposite party No. 1 granted isolated commercial loan amounting to Rs.15,00,000.00 and an account payee cheque being No. 259869 drawn on IDBI Bank, Girish Park Branch dtd. 10/3/2013 was issued in the name of the petitioner on condition that the said loan amount will be refunded by the petitioner to the opposite party No. 1 along with interest @ 9% per annum and accordingly the petitioner issued two account payee cheques drawn on State Bank of India, Chowringhee Branch dtd. 20/11/2013 being No. 442590 amounting to Rs.15,00,000.00 as the principal amount and cheque No. 442591 amounting to Rs.45,000.00 as interest.

(3.) When the said cheque was presented it was dishonoured. Hence the case leading to the conviction of the petitioner to suffer simple Imprisonment for 3 months and to pay a sum of Rs.17,00,000.00 (Rupees seventeen lakhs) only as compensation to the Complainant/Respondent No. 1 herein as per Sec. 357(3) of Cr.P.C. within 4 months from the date of that order in default Simple imprisonment for four months.