RAMANI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application of under Section 397 read with Section 401 and Section 482 of the Code of Criminal Procedure filed by the petitioner Sri Ramani Das challenging the impugned judgment and order dated 27th February, 2015 passed by learned Additional District and Sessions Judge Kalyani, District - Nadia in connection with Criminal Appeal No. 7 of 2013 arising out of C-164 of 2009. By the impugned judgment and order the learned Judge dismissed the criminal appeal no.7 of 2013 and confirmed this judgment and order dated 13th March, 2013 passed by learned Magistrate Kalyani, District - Nadia in connection with complaint case No.164 of 2009 with modification. The facts which are necessary to dispose of this present revisional application may be summarized as under:-

(2.) The present opposite party no.2 filed a petition of complaint against the present petitioner for commission of the alleged offence punishable under section 138 of the Negotiable Instrument Act. In the said petition of complaint the complainant alleged that the petitioner/accused person deals in paddy processing trade under the name as M/S Laxmi Paddy Processing Unit. It has been stated by the complainant in his petition of complaint that there was a business transaction between the present petitioner and the complainant. Complainant supplied paddy to the present petitioner/accused for said paddy processing unit and also render financial assistance to the accused/petitioner as there was close relationship between them. It has been specifically alleged that the value of supply of paddy to the accused and the financial assistant rendered by the opposite party to him was amounting to Rs.4 Lakh. The transaction between the parties took place from the period 26th October, 2006 to 27th November, 2008. In discharge of the said existing liability the accused petitioner issued a cheque being no.032841 dated 24th February, 2009 of State Bank of India Ranaghat Branch, Nadia amounting to Rs.4,00,000/-(Rupees Four Lakh) to the complainant/opposite party no.2. The complainant/opposite party no.2 presented the cheque for encashment but the said cheque was dishonoured with remarks "payment stopped by the drawer". The intimation regarding the dishonour of cheque was communicated to the complainant on 24th February, 2009. Complainant/opposite party issued legal notice demanding the amount covered by the cheque. The accused/ petitioner sent a reply to that demand notice and denied his liability. Thereafter the opposite party no.2/complainant filed a petition of complaint before the learned Magistrate against the petitioner under section 138 of the Negotiable Instrument Act,

(3.) After conclusion of trial the learned Magistrate convicted the accused petitioner for committing offence punishable under Section 138 of NI Act and sentenced him to undergo simple imprisonment for 6 months and to pay a fine of Rs.8,00,000/- (Rupees Eight Lakh) towards the amount of the cheque in default of which he shall undergo simple imprisonment for one year for the offence. Learned Magistrate also directed to pay an amount of Rs.6,00,000/-(Rupees Six Lakh) to the complainant as compensation from the fine of Rs.8,00,000/-(Rupees Eight Lakh).