RANI SAHA Vs. DIPAK KUMAR SAHA

JUDGEMENT

(1.) Heard Mr. B. Das, learned Senior Counsel assisted by Mr. R.R. Dutta, learned counsel for Smt. Rani Saha, Petitioner-Revisionist. Also heard Mr. S. Kar Bhowmik, learned counsel for Sri Dipak Kr. Saha, the respondent No. 1 and Mr. R.C. Debnath, learned P.P. In-charge appearing for the respondent State.

(2.) This criminal revision petition has been preferred under Section 397(1) Cr. P.C. (and not under Section 401 Cr.P.C.) against the judgment dated 18.02.2006 passed by the learned Additional Sessions Judge in Criminal Appeal No. 58(4)/05 preferred against the judgment dated 27.09.05 of the Additional Chief Judicial Magistrate, West Tripura, Agartala (hereinafter called as ACJM) in C.R. No. 3344/2001 affirming the conviction but modifying the sentence to pay a sum of Rs. 70,000/- (a sum of Rs. 65,000/- to be paid to the complainant and rest amount of Rs. 5000/- be deposited to the treasury) instead of sentencing the accused/ applicant/petitioner/revisionist by the learned ACJM to pay a fine of Rs. 1,00,000/-, in default to suffer imprisonment for three months in reference to the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as N.I. Act).

(3.) Since the judgment dated 27.09.05 of Ld ACJM already passed in CR 3344/ 2001 has merged with the order dated 18.02.2006 of the learned Additional Session Judge, therefore, the present revision under Section 397(1) Cr. P.C. is not maintainable against the order dated 27.09.05. As such, the present revision petition is being heard against the order dated 18.02.2006 only.