KALPATARU MOBILE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 1/10/2018 passed by the Additional District and Session Judge, Fast Track Court at Calcutta, in connection with Criminal Appeal No.01 of 2018 arising out of the Judgment dtd. 17/11/2017 passed by the learned 14th Metropolitan Magistrate Court at Calcutta in connection with C/64724/09 (M/s. Jalan Info System Private Limited vs. M/s. Kalpataru Mobile & Ors.).

(2.) The petitioner's case is that, the learned Additional District and Session Judge, Fast Track court at Calcutta has affirmed the sentence passed by the learned 14th Metropolitan Magistrate at Calcutta by passing a sentence of simple imprisonment for 6 (six) months to both the petitioners/accused persons and further sentenced the petitioners/accused persons to pay compensation of an amount of Rs.8,79,748.00 in equal proportion payable by both the petitioners/accused persons to the complainant within 1 (one) month from the date of the order in default simple imprisonment for 12 (twelve) months in respect of the petitioners/accused persons no. 2 & 3 and order of attachment in respect of the petitioner no.1, company.

(3.) The specific case made out in the complaint under Sec. 138 of the N.I. Act is that the respondent/complainant no.2 was the authorised distributors of the Nokia Brand mobile phone and the petitioner/ accused person no.1 is engaged in the business of buying and selling of the mobile phones of different companies. The petitioner/accused person nos.2 and 3 are the Directors of the petitioner/accused person no.1 and allegedly placed orders with the respondent/complainant no.2 for supply of Nokia mobile phone on credit. Subsequent thereto against the supply of handsets the petitioners/accused persons have issued 2 (two) cheques dtd. 13/10/2009 amounting to Rs.5,00,000.00 and Rs.4,39,874.00 aggregating to Rs.9,39,974.00 and both the cheques were allegedly drawn on Oriental Bank of Commerce, Kolkata Service branch towards the payment of the outstanding dues to the respondent/complainant no.2 for sale of mobile handset to the petitioner/accused person no.1 company. The said cheques upon presentation were dishonoured on the ground of insufficient fund which resulted in causing a statutory notice under Sec. 138 of the N.I. Act by the respondent/complainant no.2 upon the petitioners/accused persons and thereafter by reason of the failure on the part of the petitioners/accused persons to pay the said due amount, the complaint has been filed by the respondent/complainant no.2.