KAUSIK BARUI Vs. KARTICK CHANDRA BASU

JUDGEMENT

(1.) This instant Criminal Revisional application has been filed by the Petitioner under Sec. 482 of the Code of Criminal Procedure, 1973 (In short 'CrPC'), challenging the correctness, legality and propriety of the judgment and order dtd. 11/2/2015 passed by the Learned Additional District and Sessions Judge, 5 th Fast Track Court at Alipore, 24 Parganas (South) in Criminal Appeal No. 24 of 2011 (Kausik Barui Vs. Kartick Chandra Basu & Anr.).

(2.) By the said Judgment and Order, the Learned Judge affirmed the judgment and order dtd. 29/1/2011 passed by the Learned Judicial Magistrate, 5th Court, Alipore in Case No. C-6282 of 2006 filed under Sec. 138 of the Negotiable Instruments Act, 1881 (In short 'N.I. Act') whereby and whereunder the petitioner herein was convicted for commission of an offence punishable under Sec. 138 of the NI Act and sentenced to undergo simple imprisonment for a period of two months and to pay fine of Rs.8,00,000.00. Out of the fine amount, Rs.7,95,000.00 shall be paid to the complainant as compensation. The compensation amount shall be paid by the convict within 30 days from the date of the judgment, in default, he shall be sentenced to further S.I. for two months.

(3.) Brief facts of the present case in hand, relevant for the purpose of disposal of this case, are as follows: