MOUSUMI ADHIKARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a case under Sec. 482 of the Code of Criminal Procedure filed by the petitioner challenging the order dtd. 27/9/2016 passed by the Sessions Judge, Bankura in Criminal Appeal No. 01 of 2016. The said appeal arose challenging the order of the Judicial Magistrate, 3rd Court, Bankura dtd. 14/12/2015 in Complaint Case No. 44C of 2013.

(2.) The Trial Court by dint of the said order dtd. 14/12/2015 had convicted the present petitioner under Sec. 138 of the Negotiable Instruments Act. The judgment of the Trial Court as above was affirmed by the Sessions Judge in the criminal appeal as mentioned above.

(3.) The crux of the complaint is that the opposite party no. 2 advanced a legally enforceable debt to the present petitioner who issued a cheque of Rs.3,00,000.00 dtd. 21/11/2012 for repayment of the same. The said cheque was ultimately dishonored, giving rise to the complaint being filed by the present opposite party against the petitioner under Sec. 138 of the Negotiable Instruments Act.