PRANJAL PRATIM DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, herein has been convicted under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter, referred to as `NI Act', in short) vide Judgment dated 27.01.2010, passed by the learned SDJM, Dibrugarh, in CR Case No. 517 of 2007, which has been affirmed by the learned Sessions Judge in Criminal Appeal No. 3 (1) of 2010. After convicting the petitioner, the learned Magistrate imposed a fine of Rs. 2,00,000/- (Rupees Two Lacs Only) with default stipulation of Simple Imprisonment for 4 (four) months. Though the amount of fine was maintained by the appellate Court the fine has been converted by the appellate Court as compensation. Being aggrieved with the conviction and sentence, the petitioner has preferred this revision application.

(2.) HEARD Sri K D Chetri, learned counsel for the petitioner as well as Sri A Roshid, learned counsel for the respondent No. 2/ complainant. The State of Assam was represented by Sri K Munir, learned Additional Public Prosecutor. I have also gone through the impugned Judgments and the record.

(3.) IN view of the concurrent findings of the trial Court as well as the appellate Court, I am not discussing the evidence in detail. IN this revision application, the following question arises for determination by this Court: