MATIBUR RAHMAN Vs. PINTU GHOSH

JUDGEMENT

(1.) Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. K. Bhattacharjee, learned counsel for the respondent.

(2.) The respondent as complainant filed a complaint case under Sec. 138 of Negotiable Instrument Act (hereinafter referred to as 'N.I. Act') against the petitioner in connection with dishonour of Cheque bearing No.084407 dtd. 6/7/2017. The learned Trial Court vide judgment dtd. 20/1/2021 convicted the petitioner under Sec. 138 of N.I. Act and sentenced him to undergo 1 (one) year rigorous imprisonment and to pay Rs.38,00,000.00 (Rupees thirty eight lakh) as compensation, in default of payment of compensation to undergo simple imprisonment for another 2 (two) months.

(3.) The petitioner preferred an appeal against his conviction and sentence. However, vide judgment dtd. 12/8/2022, the learned Additional Sessions Judge No.2, Kamrup(M) confirmed the judgment of conviction. The learned First Appellate Court modified the sentence to 6 (six) months rigorous imprisonment instead of one year as imposed by the learned Trial Court. The quantum of compensation would remain as.