BISWANATH SINGHANIA Vs. KUMUD RANJAN SINHA

JUDGEMENT

(1.) THE Ld. ACJM, Bidhannagore in the district of north 24 Parganas in complaint case No. 971/2000 by his judgment and order convicted the present petitioner under Section 138 of the N. I. Act and sentenced him to suffer S. I. for three months and also to pay a compensation of Rs. 50,000/- to the complainant who is O. P. hereinunder Section 357 (3) Criminal Procedure Code. This judgment and order of the ld. Magistrate has been confirmed by the Ld. Additional Session Judge, 7th Court, Baraat in the district of North 24 Parganas in Criminal Appeal no. 1 of 2006 on 13. 3. 2007.

(2.) THIS revisional application under Section 397 and/or 401 read with Section 482 of Criminal Procedure Code is against the appellate judgment and order confirming the judgment and order of the ld. Magistrate. The grounds of revision were that the petitioner had no personal liability in the dishonouring of the cheque, that no notice was served upon the petitioner, that there was misappreciation of evidence by the ld. Magistrate and also by the Ld. Appellate Court, that there was no vicarious liability of the petitioner, that the provision of Section 251 Criminal Procedure Code was not complied with by the Ld. Magistrate while examining the accused under that section, that examination of the petitioner under Section 313 Criminal procedure Code was also not in order and on those counts as also on after counts as stated in the revisional application, the judgment and order of the appellate court and that of the ld. Magistrate should be set aside.

(3.) I have heard Mr. Bhattacherjee, Ld. Advocate for the petitioner and Mr. S. Sanyal, Ld. Advocate for the O. P.