NIRMAL DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Bora, learned counsel for the petitioner in Criminal Revision Petition No. 159/2017 and learned counsel for the respondent in Criminal Revision Petition No. 445/2017. Also heard Mr. S. Nawaz, learned counsel for the respondents in Criminal Revision Petition No. 159/2017 and learned counsel for the petitioner in Criminal Revision Petition No. 445/2017.

(2.) Since both these revision petitions have arisen out of the original judgment and order dtd. 14/12/2015 passed by the learned Trial Court, i.e., the Court of the learned Chief Judicial Magistrate, Nagaon, in C.R. Case No. 4047/2011, against which both the complainant as well as the accused have preferred appeals, hence, it is proposed to dispose of both the above-mentioned criminal revision petitions by this common judgment.

(3.) Criminal Revision Petition No. 159/2017 has been filed by the petitioner, Sri Nirmal Dutta, impugning the judgment and order dtd. 11/4/2017 passed by the learned Sessions Judge, Nagaon, in Criminal Appeal No. 2/2016, whereby the judgment and order, dtd. 14/12/2015, passed by the learned Chief Judicial Magistrate, Nagaon, in C.R. Case No. 4047/2011, by which the petitioner (accused) was convicted under Sec. 138 of the Negotiable Instruments Act, 1881, and was sentenced to undergo simple imprisonment for one year and to pay compensation of Rs.6,50,000.00 to the respondent No. 2, Sri Babul Ch. Dutta (complainant) was affirmed.