SUBRATA MUKHERJEE Vs. SAMPA MUKHERJEE

JUDGEMENT

(1.) LEARNED Additional Chief Judicial Magistrate, Serampore by her judgment and order dated 10th of May, 2006 in C. R. Case No. 329 of 2004 convicted the present petitioner under Section 138 of the N. I. Act and sentenced him to suffer simple imprisonment for one month and to pay compensation of Rs. 1,60,000/- to the opposite party no. 1 herein under Section 357 (3) Cr. P. C. within 60 days from the date of the order. The judgment and order was challenged in Criminal Appeal no. 21 of 2006 whereby learned Additional Sessions Judge, 2nd Fast Track Court, serampore by her judgment dated 18th October, 2006 dismissed the appeal and confirmed the judgment and order of the learned Additional Chief Judicial Magistrate. Being aggrieved with the judgment and order of the learned Appellate Court the petitioner-accused has preferred this revision.

(2.) I have heard the learned Advocate for Opposite Party. The petitioner did not appear despite service.

(3.) ACCORDING to the complainant, the complainant gave a sum of Rs. 1,60,000/- to the petitionerrs. 1 lac by cheque being no. 721662 dated 14th of May, 2003 drawn on H. S. B. C. Bank, and Rs. 60,000/- by cash. The petitioner in discharge of his legal liability issued a cheque for Rs. 1,60,000/- being no. 401599 dated 14th of May, 2004 drawn on U. T. I. Bank Ltd. The cheque stood dishonoured on the ground of 'stopped Payment'. Statutory notice followed. No payment was made. Hence the case.