BABLI MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) WHETHER the learned Sessions Judge of jalpaiguri was justified in remitting the case back on remand for fresh decision is the subject matter of consideration in this revisional application.

(2.) THE Judicial Magistrate, 1st Court, Jalpaiguri convicted the O. P. No. 1 under section 138 of the N. I. Act and sentenced him to suffer simple imprisonment for two months with fine of Rs. 5,000/- in default to suffer further simple imprisonment of one month. A sum of Rs. 3 lac was also awarded as compensation payable to the complainant against the O. P. No. 1 under section 357 of the Cr PC.

(3.) BEFORE the learned Sessions Judge in Criminal Appeal No. 7 of 2005 who set aside the judgment and order of the learned Magistrate and remanded the case back two points had come up for consideration. The first point was whether quoting of wrong cheque number in the statutory notice under section 138 (b) of the N. I. Act yet maintaining the accurate figure of the amount of the said cheque and also the date of the cheque did vitiate the trial; and secondly whether prosecution of the O. P. No. 1 under section 138 of the N. I. Act would amount to double jeopardy in view of his earlier alleged prosecution under section 420 of the IPC and would be hit under section 300 of the Cr PC. Certain other points were also agitated before the learned Appellate Court by the O. P. / accused but they did not find favour with the learned Judge, and it appears on perusal of the judgment and the order of the learned Judge of the Court below that it was on account of these two grounds that the magistrate was asked to arrive at a fresh decision with liberty to get any further evidence if necessary.