LAWS(CAL)-2008-3-53

ROBIN PAUL Vs. PRASANTA KUMAR DUTTA

Decided On March 20, 2008
RABIN PAUL Appellant
V/S
PROSANTA KUMAR DUTTA Respondents

JUDGEMENT

(1.) C. R. R. 299 of 2007 and C. R. R. 300 of 2007 are being disposed of by this common judgment and order because of the facts that the parties are the same, the facts exactly identical and the questions of law as have been urged in the two revisional applications are also common.

(2.) THE petitioner who was known to the opposite party herein since long before the transaction allegedly obtained loan of Rs. 5 lacs from the opposite party and towards repayment of the loan he issued a cheque being No. 561248 dated 20th August, 1997 for Rs. 1,50,000/- (one lac fifty thousand) drawn on ANZ Grindlays Bank, Ganesh Chandra Avenue branch which was deposited with the bank but was dishonoured on the ground that account was closed by the petitioner as far back as 21st july, 1995. Then followed statutory notice under section 138 (B) of N. I. Act, on 22nd August, 1997 but it was returned back with the postman's remark "left the address". Then the case was instituted and trial followed. Learned Chief Judicial Magistrate of Howrah by his judgment and order dated 29th March, 2004 convicted the petitioner under section 138 of the N. I. Act and sentenced him to suffer simple imprisonment for six months and also to pay a fine of Rs. 1,50,000/- in default to suffer simple imprisonment for two months. It was directed in the order that upon realization of the fine amount the same would be paid to the complainant. This Judgment and order of the learned Magistrate has been confirmed in appeal by the learned Additional Sessions Judge, 2nd court, Howrah.

(3.) AGAINST this appellate judgment and order confirming the judgment and order of the learned Magistrate in Case No. 854-C of 1997 this revisional application being CRR No. 299 of 2007 has been filed.