- (1.) The petitioner being convicted under Sec. 138 of the Negotiable Instruments Act in a trial held before the learned Judicial Magistrate, 2nd Court, Paschim Medinipur and sentenced to suffer simple imprisonment for 15 days and to pay a compensation of Rs. 1,65,000.00 preferred an appeal before the Sessions Court. The said appeal was registered as Criminal Appeal No.4 of 2009. However, the learned Sessions Judge, Paschim Medinipur dismissed the said appeal ex parte making the following orders:- "At the very outset, it is to be mentioned here that 17/6/2009 was fixed for hearing of the appeal. On that date, the appellant did not take any step.Learned Lawyer for the respondent No.1 and the learned P. P. appearing on behalf of the respondent No.2 were heard on that date and the appellant was given opportunity to make submission on 22/6/2009. On 22/6/2009, the appellant as usual did not take any step. I have carefully gone through the impugned judgment and the evidence on record. From the evidence of P.W.1 and the Exts. 1 to 6 it appears that the cheque was issued by the appellant and the mandatory provisions of Sections 138 and 142 of the N. I. Act have been complied with. Ext.1 shows the amount of the cheque and Ext.2 shows that the cheque was returned with the observation 'insufficient fund'. The evidence of P.W.1 could not be shaken by way of cross-examination from the side of the appellant. I find no reason to disbelieve all these evidence. From all the same it appears that the learned Court below has rightly come to a conclusion that the appellant is found guilty of the alleged offence and the ordering portion of the judgment requires no interference. As a result, the criminal appeal fails. Hence, Ordered That the criminal appeal be and the same is dismissed on contest." Hence, this criminal revision.
(2.) Heard the learned Advocates appearing on behalf of the parties. Perused the impugned Judgment and Order.
(3.) Now, having gone through the impugned judgment, I find the learned Judge assigned following reasons for dismissal of the appeal:- (a) Two dates were fixed for hearing of the appeal but no step was taken by the learned Advocate of the appellant. (b) From perusal of the evidence of the witnesses and exhibits, the learned Judge found the cheque was returned unpaid with the observation 'insufficient fund'. (c) In cross-examination the evidence of P.W.1 could not be shaken and the learned Judge found no reason to disbelieve such evidence. (d) The learned Judge found that the trial Court rightly arrived at the conclusion as to the guilt of the accused.;