PARESH MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against a Judgment and Order dated February 22, 2019 passed by the Court of the Learned Additional Sessions Judge, Raghunathpur at Purulia, in connection with Criminal Appeal No. 03 of 2017 thereby affirming the Judgment and Order dated July 19, 2017 passed by the Learned Magistrate, 1st Court, Raghunathpur, Purulia in C. Case No. 39 of 2006 under Sec. 138 of the Negotiable Instruments Act, 1881 and convicting the petitioner under Sec. 255(2) of the Code of Criminal Procedure, 1973 for Commission of offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and sentencing the petitioner to suffer simple imprisonment for one year and to pay compensation of Rs.10.00 lakhs to the Opposite Party no.2 within two months from the date of the Order, in default, to suffer rigorous imprisonment of further two months.

(2.) The petitioner's case is that on September 26, 2006, the Opposite Party no. 2 herein filed a petition of complaint under Sec. 138 of the Negotiable instruments Act, 1881 (hereinafter referred to as 'NI Act') against the petitioner before the Court of the Learned Additional Chief Judicial Magistrate, Raghunathpur, Purulia.

(3.) On Completion of trial, the petitioner was convicted and sentenced as above.