SOMNATH CHATTERJEE Vs. HOSSAIN MALLICK

JUDGEMENT

(1.) The present revision application is against an order dated March 13, 2019 passed by the learned Judicial Magistrate, 4th Court at Serampore in connection with C.R. Case No. 31 of 2018 under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) The petitioner states that on February 19, 2018, the opposite party herein filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") against the petitioner herein before the Court of the learned Additional Chief Judicial Magistrate at Serampore (hereinafter referred to as 'learned ACJM') on the allegations inter alia to the effect that the opposite party is a LIC agent who collected money from different Policy Holders and entrusted Rs.60,00,000.00 to the petitioner for depositing the same in SBI Life Corporate Policy subsequently the opposite party requested the petitioner to return such amount. The petitioner returned only Rs.5.00lakhs out of Rs.60.00 lakhs and agreed to repay the balance sum of Rs.55.00lakhs later. The petitioner, subsequently, issued a Cheque bearing no. 065132 dated October 24, 2017 in discharge of such liability. The opposite party herein deposited the said cheque on December 29, 2017 which on being presentation stood dishonoured by Union Bank of India, Dankuni Branch on the reason "fund insufficient". On January 16, 2018, the opposite party issued a Demand Notice under Sec. 138b of the NI Act which was received by the petitioner on January 18, 2018. However, the said Notice yielded no fruitful result. The petitioner, according to the opposite party herein, has thus attracted the penal. Sec. 138 of the NI Act. Vide Order dated February 19, 2018, the learned ACJM was pleased to take purported cognizance and transferred the case to the Court of the learned Judicial Magistrate, 4th Court at Serampore. Vide order dated April 18, 2018, the leaned Trial Magistrate was pleased to issue process in the nature of summons thereby fixing the next date on June 14, 2018. On June 14, 2018, since no requisite was filed by the opposite party, the case was adjourned till August 22, 2018. On August 23, 2018, the case records were put up (since August 22, 2018 was a holiday), when fresh notice was issued thereby fixing the next date on December 4, 2018. After receipt of the summons, the petitioner herein appeared before the learned Trial Magistrate when he was enlarged on bail. The learned Trial Magistrate vide Order dated December 4, 2018 was pleased to fix the case on January 19, 2019 for plea. That on March 13, 2019, the learned Trial Magistrate had purportedly examined the petitioner under Sec. 251 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.').The learned Trial Magistrate vide self same order was pleased to direct the petitioner to pay interim compensation to the opposite party to the tune of Rs.11.00 lakhs (i.e. 20% of the claimed amount) within sixty days from the date of passing of the order.

(3.) Mr. Ayan Bhattacharya, the learned counsel for the petitioner has submitted that the order dated March 13, 2019 passed by the Learned Trial Magistrate is procedurally untenable and legally unsustainable.