PALASH BARAN DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the petitioner Shri Palash Baran Dutta challenging the judgment and order dated 27th June, 2018 passed by the learned Additional Sessions Judge, 7th Court, Barasat in Criminal Appeal No. 12 of 2015 thereby affirming the judgment and order dated 13th March, 2015 passed by learned Judicial Magistrate, 1st Court, Barasat in complaint Case No. 1100 of 2002 under Section 138 of the Negotiable Instrument Act. (Hereinafter referred to as Act).

(2.) The present opposite party No. 2 Smt. Leela Dutta wife of late Monoranjan Dutta filed a complaint against the present petitioner for commission of the alleged offence punishable under Section 138 of the Negotiable Instrument Act. It was alleged in the said complaint that the present petitioner in discharge of his liability towards payment of consideration money for a piece of land purchased by him from the complainant issued a cheque of Rs.65,000/- (Rupees Sixty five thousand) only in favour of the complainant i.e present opposite party No. 2. The opposite party No. 2 presented the said cheque to her bank for encashment within its validity period but the said cheque was not honoured for insufficiency of fund. The opposite party/complainant served legal notice demanding the amount mentioned in the said cheque. The said notice was duly received by the present petitioner on 29th July, 2002. The petitioner refused to make payment of the amount of Rs.65,000/- (Rupees Sixty five thousand) covered by the said cheque by giving a reply through his Advocate. Learned Magistrate was pleased to issue process against the present petitioner to face trial for commission of alleged offence punishable under Section 138 of the Negotiable Instrument Act.

(3.) After conclusion of trial, the learned Judicial Magistrate, 1st Court, Barasat convicted the present petitioner for committing an offence punishable under Section 138 of the Negotiable Instrument Act and sentenced him to suffer simple imprisonment for a term of six months and to pay fine of Rs.1,30,000/- (Rupees One lakh thirty thousand) in total in default, to suffer further simple imprisonment for three months.