SRI CHANDAN MUKHERJEE Vs. PANKAJ KUMAR BEHERA

JUDGEMENT

(1.) The present Revisional Application under Sec. 401 Read with Sec. 482 of the Code Criminal Procedure (in short, Cr. P. C.) is against the order dated 12.08.2013, passed by the learned Additional Sessions Judge, Sealdah, South 24 Parganas in Criminal Appeal No. 5 of 2013 by which the order of acquittal dated 31.12.2012 passed by the learned Judicial Magistrate, 1st Court, Sealdah in complaint case No. 235 of 2010 was reversed and the accused in the complaint case, who is the Petitioner herein, was found guilty of the offence punishable under Sec. 138 of the Negotiable Instruments Act, (in short, N.I. Act) and sentenced to suffer Simple Imprisonment for one month and to pay compensation of Rs. 86,000.00 (rupees eighty-six thousand only), in default, to suffer Simple Imprisonment for one month more.

(2.) The facts behind the Revisional Application, may be briefly summarised as follows:

(3.) Both the Petitioner and the Opposite Party No. 1 herein deal in Computer and during their usual course of business Opposite Party No. 1 supplied some goods to the Petitioner and in discharge of the liability, in part, the Petitioner issued three cheques on 18.01.2010 for a total amount of Rs. 43,000.00 (rupees forty-three thousand only) in favour of the Opposite Party No. 1. Subsequently, on presentation in the Bank by the Opposite Party No. 1, all those three cheques were returned unpaid for insufficiency of fund in the account of the Petitioner. O.P. No. 1 thereafter issued demand notice for the payment against those bounced cheques but the Petitioner did not make any payment. Hence, O.P. No. 1 lodged a complaint under Sec. 138 of the N.I. Act, to the Court of Learned Additional Chief Judicial Magistrate at Sealdah and the complaint was registered as C. Case No. 235 of 2010. Considering the evidence produced by the parties during the trial, the Trial Court found the Petitioner 'not guilty' of the offence under Sec. 138 of the N.I. Act and acquitted him accordingly. Against such order of acquittal Opposite Party No. 1 filed an appeal in the Court of learned Additional Sessions Judge at Sealdah, registered as Criminal Appeal No. 05 of 201 After hearing the parties the Appellate Court reversed the finding and decisions of the Trial Court, found the Petitioner guilty of the offence under Sec. 138 of the N.I. Act and passed sentence of imprisonment as well as an order of compensation to the Opposite Party No. 1, against the Petitioner herein. Being aggrieved by such judgment and order of the learned Additional Sessions Judge, Sealdah, 24 Parganas (South), the accused in the Trial Court filed the present Revisional Application. The Revisional Application has been contested by the Opposite Party No. 1 who was the complainant in the Trial Court.