RATAN MURMU Vs. PASCHIM BANGA GRAMIN BANK

JUDGEMENT

(1.) This is an application under Sec. 482 read with Sec. 401 of the Code of Criminal Procedure filed by the petitioners challenging the judgment dated 13.12.2018 passed by the Learned Sessions Judge, Birbhum, Suri, in connection with Criminal Appeal no. 20 of 2018. By the impugned judgment Learned Sessions Judge confirmed the judgment and order of conviction of the petitioners passed by the Learned Additional Chief Judicial Magistrate, Suri, Birbhum, in A.C.Case No.13 of 2016 under Sec. 138 of the Negotiable Instruments Act 1881.

(2.) Present opposite party no.1 Paschim Bangla Gramin Bank filed a complaint against the present petitioners for commission of alleged offence under Sec. 138 of the Negotiable Instruments Act. It was alleged in the said complaint that the present petitioners being the Doloneta and Sahodaloneta of Marang Guru Joint Liability Group and being customer of Paschim Banga Gramin Bank took a group loan amounting to Rs.1,50,000.00 on and from 02.12.2010 repayable as per agreement. Subsequently they failed to repay the said loan in terms of loan agreement. Petitioners on demand of the Bank jointly issued and delivered a cheque of Rs.70,000.00 vide cheque no.530656 dated 14.11.2015 drawn on Paschim Banga Gramin Bank, Md.Bazar Branch in favour of the complainant Bank in discharge of their debts and liabilities. The said cheque was presented for encashment on the same date but was dishonoured due to 'insufficient of fund'. Opposite party/complainant served legal notice demanding the amount of Rs.70,000.00 within 15 days from the date of receipt of the said notice. Petitioners did not pay the said amount in spite of the receipt of demand notice. Opposite party Bank filed complaint against the petitioners. Learned Magistrate was pleased to issue process against the petitioners to face trial for commission of alleged offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) After conclusion of trial, the Learned Additional Chief Judicial Magistrate, Suri, Birbhum by her judgment and order dated 27.04.2018 was pleased to convict the petitioners for committing an offence under Sec. 138 of the Negotiable Instruments Act and sentenced them to suffer simple imprisonment till raising of the Court and to pay a compensation of Rs.72,000.00 jointly on or before 12.07.2018 and in default simple imprisonment for thirty days each.