SAMIR DEY Vs. PURNIMA DHAR GOYARY

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned Senior counsel, assisted by Ms. B. Das, learned counsel for the petitioner. Also heard Mr. M. K. Das, learned counsel for the respondent.

(2.) In this revision petition, under Sec. 401, read with Sec. 397 Cr.P.C., the petitioner, namely, Shri Samir Dey, has put to challenge the judgment and order, dtd. 29/9/2016, passed by the learned Sessions Judge, Kokrajhar in Criminal Appeal No.14/2015. It is to be noted here that vide judgment and order, dtd. 29/9/2016, the learned Sessions Judge, Kokrajhar, has affirmed the judgment and order, dtd. 7/11/2015, passed by the learned Additional Chief Judicial Magistrate, Kokrajhar in CR Case No.505C/2014. It is also to be noted here that vide judgment and order, dtd. 29/9/2016, the learned Additional Chief Judicial Magistrate, Kokrajhar, has convicted the petitioner under Sec. 138 NI Act and sentenced him to pay a fine of Rs.5,00,000.00 (Rupees Five Lacs) as compensation and, in default, to suffer imprisonment for a period of six months.

(3.) The background facts, leading to filing of this revision petition, are briefly stated as under:-