ARNAB BANERJEE Vs. SAMIR SAHA

JUDGEMENT

(1.) This is an application u/s 482 of the Criminal Procedure Code preferred against judgment dated July 2018 passed by the Learned Additional Sessions Judge Fast track Court No. (ii) Calcutta in criminal revision No. 304 of 2017 filed by the petitioner against the order dtd. 21/9/2017 passed by the Learned Metropolitan Magistrate 6th Court Calcutta in a complaint case No. C- 449/2013 convicting the present petitioner for having committed an offence punishable u/s 138 of Negotiable Instrument Act and sentencing him to pay compensation of Rs.2,50,000.00 to the complainant in default to suffer S.I for three months.

(2.) The brief fact of the instant revision is that the present respondent filed a complaint case u/s 138 of N.I Act before the Learned CMM Calcutta thereafter, the same was transferred to Learned M.M. 6th Court Calcutta for disposal. A cheque was issued by the present petitioner amount to Rs.1,48,000.00 to the respondent which was dishonoured and hence the complaint was initiated. The proceeding was started before the Learned

(3.) M.M. 6th Court and the evidence in chief of the respondent was filed. He was cross examined in part by the Learned Advocate of the present petitioner and the cross examined could not concluded. However, Learned Magistrate refuses to grant further adjournment for cross examination and close his evidence. Thereafter, the petitioner was examined u/s 313 Cr.P.C. After hearing argument for both the parties Learned Magistrate convicted the present petitioner for having committed an offence punishable u/s 138 of N.I. Act and sentenced him to compensation of Rs.2,50,000.00 in default to suffer simple imprisonment for three months. Against the said judgment the petitioner filed one criminal revision being No. 304 of 2017 before the Learned Chief Judge, City Sessions Court, Calcutta. The revision was heard by the Learned Sessions Judge, Fast Track 2nd Court Calcutta who passed the impugned judgment by dismissing the criminal revision.