GOPESH DEBNATH Vs. MANABENDRA NARAYAN DHAR

JUDGEMENT

(1.) Heard Mr. A. Das, learned counsel for the petitioner; Mr. D. Chakraborty, learned counsel for the respondent No.1; and Mr. B. Sarma, learned Addl. P.P. for the State respondent No.2.

(2.) In the revision petition, under Ss. 397/401 of the Cr.P.C. and Sec. 482 of the Cr.P.C. the petitioner, namely, Shri Gopesh Debnath, has challenged the legality, propriety and correctness of the Judgment and Order dtd. 27/4/2018, passed by the learned Additional Sessions Judge, Cachar, Silchar in Criminal Appeal No.45/2017. It is to be noted here that vide impugned Judgment and Order dtd. 27/4/2018, the learned Additional Sessions Judge, Cachar, Silchar had upheld the Judgment and Order dtd. 11/8/2017, passed in N.?. Case No.31/2010, by which the learned Additional Chief Judicial Magistrate, Cachar, Silchar had convicted the petitioner under Sec. 138 of the Negotiable Instruments Act, 1881, and sentenced him to suffer simple imprisonment for one year and also to pay the Cheque amount i.e. Rs.5,00,000.00 (Rupees Five Lakhs) along with an amount of Rs.2,00,000.00 (Rupees Two Lakhs) as compensation, total Rs.7,00,000.00 (Rupees Seven Lakhs) only to the complainant/respondent No.1, in default to undergo further simple imprisonment for four months.

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