Sanjay Karol, J. - (1.)The Courts below, concurrently have held the complainant Sandipan Ghosh to have established its case under the provisions of Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the NI Act"), against accused Dipankar Majumder, the present petitioner.
(2.)Vide judgment dtd. 15/6/2015 passed by the learned Additional Chief Judicial Magistrate in Case No. NI 93 of 2012 titled as Sri Sandipan Ghosh v. Sri Dipankar Majumder, the present petitioner stands convicted for having committed an offence punishable under Sec. 138 of the NI Act and directed to pay fine of Rs.3,50,000.00 to the complainant and in default thereof suffer simple imprisonment for a period of 6(six) months. The said judgment stands affirmed by the Additional Sessions Judge, Court No. 5, West Tripura, Agartala in Case No. Criminal Appeal No. 16 of 2015 dtd. 5/7/2016 titled as Shri Dipankar Majumder v. Shri Sandipan Ghosh.
(3.)Significantly, plea taken by the petitioner herein that the cheque in question was issued as a security stands repealed by the Courts below.
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