SUSANTA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is a manifestation of displeasure of the petitioner over the judgement and order passed by learned Judge, Bench-I, City Sessions Court, Calcutta, in Criminal Revision No. 35 of 2018 affirming the judgement and order of conviction passed by learned 3rd Court of Metropolitan Magistrate at Calcutta in Case No. C/255/2010.

(2.) Briefly stated, M/s SSSX Metalicks Private Limited, the opposite party no. 2 herein, filed a petition of complaint before the learned Additional Chief Metropolitan Magistrate, Calcutta under Sec. 138 of the Negotiable Instrument Act, 1881, alleging, inter alia, that the complainant is a private limited company carrying on business from 51 Vivekananda Road, Kolkata-700007 and is being represented by Balkishan Didwania. Susanta Mondal is carrying on his business from premises no. 33/1 Orphangung Market, Garu Hata, Khidderpore, who placed orders to the complainant company for Basmati rice which was sold, supplied and delivered to the accused person. The complainant raised its invoice bearing no. SSS/F/0003/09-10 and SSS/F/0004/09-10 dtd. 19/6/2009 for a sum of Rs.7,30,000.00 and Rs.3,65,000.00 respectively which were duly accepted by the accused person. The accused person in discharge of the aforesaid legal liability issued cheque no. 540397 dtd. 15/9/2009 drawn on United Bank of India, Habra for a sum of Rs.10,95,000.00 in favour of the complainant company. The cheque was presented for encashment and was returned by the banker of the accused person with the remark "exceeds arrangement" vide banker's memo dtd. 1/2/2010. The complainant got the said information on 2/2/2010, thereafter, the complainant issued a demand notice dtd. 5/2/2010 under Sec. 138 (b) of the Negotiable Instrument Act which was delivered on 10/2/2010 but the drawee of the cheque failed to act in terms of the said notice. Learned Trial Court after complying with the provision of Sec. 200 of the Code of Criminal Procedure issued process upon the accused person who in turn surrendered to the jurisdiction of the Trial Court and stood the trial pleading his innocence.

(3.) To bring home charges Sri Balkishan Didwania, the authorized representative of the complainant company adduced evidence as P.W. 1 and Susanta Mondal, the accused person adduced evidence as D.W. 1. Nikhil Chandra Roy, Manager of United Bank of India, Habra Branch adduced evidence as D.W. 2, Palash Mukherjee adduced evidence as D.W. 3.