SAMAR KUMAR BISWAS Vs. NIRMAL KUSHARI AND ORS.

JUDGEMENT

(1.) This Revisional Application has been preferred against the Judgement and Order dated 20th day of September, 2014 passed by the Learned Additional District and Sessions Judge 17th Court, Alipore, South 24 -Parganas. The Ld. Judge was pleased to dismiss the Criminal Appeal No. 63/2014 after affirming the Judgement and Order of conviction under Sec. 138 of Negotiable Instruments Act, and the Sentence to pay a fine of Rs. 2,00,000/ -, in default, to undergo Simple Imprisonment for a period of One year, passed by the Learned Judicial Magistrate (1st Class) 4th Court, Alipore, South 24 -Parganas in case No. AC 336/07/T.R. 1932/2007 on 18th February, 2014, with a direction that out of the fine amount, Rs. 1,75,000/ - was to be paid to the complainant as compensation in terms of Sec. 357(3) Cr.P.C.

(2.) It may be mentioned that at the time of admission the Hon'ble Justice Ashim Kumar Roy after hearing, by Order dated 17.12.2014 directed the matter to come up as a 'contested application' with a further direction that the order of execution of sentence would remain suspended on condition that the petitioner would deposit a sum of Rs. 75,000/ - in the Trial Court towards the payment of fine. The said amount was thereafter deposited by the petitioner in compliance of the order.

(3.) The case of the Complainant/Opposite Party in the Ld. Court below was that he "on the request of the petitioner/accused gave accommodation loan of Rs. 1,60,625/ - to the petitioner by a way of a cheque for Rs. 1,50,000/ - being No. 311896 dated 24.08.2006 drawn on Allahabad Bank, Gol Park Branch, and that he gave an additional sum of Rs. 10,625/ - in cash to the petitioner. Subsequently the petitioner in discharging his liability against the aforesaid accommodation loan issued two cheques being No. 087676 dated 24.06.2007 for Rs. 1,50,000/ - and Cheque No. 084690 dated 30.06.2007 for Rs. 10,625/ - drawn on State Bank of India, Dhakuria Branch, Kolkata. But when the Complainant/Opposite Party No. 1 deposited the cheques with his banker, i.e., the Allahabad Bank, Gol Park Branch, Kolkata, both the cheques were dishonoured by the drawee bank for the reason "insufficient fund". Though the Complainant/Opposite Party No. 1 intimated the said fact of dishonour of cheques to the petitioner and asked him to repay the said loan amount the petitioner failed to do so. The Legal Demand Notice was served upon the petitioner by the Complainant/Opposite Party No. 1, but the petitioner failed to pay the loan amount as a result of which the complaint was filed with a prayer to issue process against the petitioner under Sec. 138 of Negotiable Instrument Act and try him in accordance with law.