- (1.) Leave granted.
(2.) This appeal is filed against an order passed by the High Court of Calcutta in C.R.R. No. 1925 of 2016 whereby the revision petition filed by the appellant herein was dismissed and upheld the order passed by the trial Court convicting the appellant for commission of offence under section 138 of the Negotiable Instruments Act and sentencing him to suffer simple imprisonment of one year and also to pay a fine of Rs. 11,50,000/-, in default, to suffer further simple imprisonment for six months. The High Court granted liberty to the opposite party/complainant (respondent No. 1) to withdraw the sum of Rs. 4 lacs, if deposited by the appellant.
(3.) The factual background of the case in a nutshell is that a sale agreement dated 12.9.2011 in respect of a shop in a commercial building, was entered into between the appellant (seller) and respondent No. 1 (purchaser) for a consideration of Rs. 30,00,000/-. Afterwards, as the respondent No. 1 wanted to cancel the deal and sought refund of his money, the appellant had issued a Cheque bearing No. 002774 for an amount of Rs. 8,53,531.51 in favour of Respondent No. 1 (complainant) which was dishonoured at the bank with the endorsement "fund insufficient", which led to the criminal proceedings under Section 138 of the Act.;