DHIREN CHANDRA BORAH Vs. PALLAVI KALITA

JUDGEMENT

(1.) This criminal revision petition, under Section 397 read with Section 401, Code of Criminal Procedure, 1973 ('the Code' and/or 'the CrPC', for short), is preferred against the judgment and order dated 13.04.2009 passed by the learned Additional Sessions Judge (FTC), No. 3, Kamrup, Guwahati ('the appellate court', for short) in Criminal Appeal no. 42/2007.

(2.) By the said judgment and order dated 13.04.2009, the appellate court had dismissed the appeal preferred by the petitioner as the appellant (hereinafter also referred to as 'the accused', at places, for easy reference) against the judgment and order dated 11.06.2007 passed by the learned Judicial Magistrate, 1st Class, Kamrup, Guwahati ('the trial court', for short) in Complaint Case no. 3982C /2004, thereby, affirming the judgment and order of conviction and sentence passed by the trial court. By the judgment and order dated 11.06.2007, the trial court found the accused guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881 ('the NI Act', for short) and he was sentenced to undergo simple imprisonment for 1 (one) year and to pay a fine of Rs. 2,00,000/-, in default of payment of fine, to undergo simple imprisonment for another 3 (three) months. It was ordered that the amount of fine, if paid, shall be paid to the complainant as compensation.

(3.) Before finding out the merit of the contentions raised in this criminal revision petition against the concurrent findings of the trial court and the appellate court, a brief narration of the facts stated in the Complaint Case no. 3982C /2004 is found necessary at first.