ASIM KUMAR MONDAL,J. - (1.) THIS is an application under Section 482 read with Section 401 under Code of Civil Procedure. The petitioner has preferred the present application challenging the judgement and order date January 29, 2011 passed by the learned Additional District and Sessions Judge, Paschim Medinipur in Criminal Appeal No. 22 of 2010 dismissing thereby and affirming the judgement and order dated April 29, 2010 passed by the learned Judicial Magistrate, 2nd Court, Paschim Medinipur in C.R. Case No. 80 of 2008 under Section 138 of the Negotiable Instrument Act, 1881.
(2.) THE opposite party No. 1 filed a complaint case before the learned Chief Judicial Magistrate, Paschim Medinipur against the petitioner which was registered as C.R. Case No. 80 of 2008 under Section 138 of the Negotiable Instrument Act. The said case was subsequently transferred to learned Judicial Magistrate, 2nd Court, Paschim Medinipur for trial. Learned Judicial Magistrate, 2nd Court, Paschim Medinipur was pleased to pass the judgement and order finding the petitioner as accused ordering to sentence to suffer simple imprisonment of thirty days and is further directed to pay compensation of Rs. 39,000/- (Rupees thirty nine thousand only) under Section 357(3) of the Code of Criminal Procedure. Petitioner preferred an appeal challenging the said judgement and order before learned Sessions Judge, Paschim Medinipur. The said appeal was heard by learned Additional District and Sessions Judge, Paschim Medinipur. Learned Additional District Judge dismissed the appeal on contest affirming the order passed by the learned Magistrate, 2nd Court, Paschim Medinipur. Being aggrieved by and dissatisfied with the order of conviction passed by learned Judicial Magistrate, 2nd Court, Paschim Medinipur and the order or judgement by the learned Additional District Judge affirming the said order the petitioner has preferred the present revisional application on the grounds that the judgement and order passed by the learned Additional District and Sessions Judge affirming the judgement and order of learned Judicial Magistrate, 2nd Court, Paschim Medinipur is based upon non-application of mind and misinterpretation of statute and the same is liable to be set aside. Further that the learned Lower Appellate Court has failed to appreciate the evidences adduced by the complainant as well as the case as made out by the petitioner.
(3.) THAT the case as preferred in the present revisional application is that the petitioner issued a cheque bearing No. 475304 for Rs. 26,000/- (Rupees twenty six thousands only) drawn on United Bank of India, Medinipur Branch at School Bazar on 07.01.2008 which got bounced on account of insufficiency of fund. A statutory notice demanding the payment followed on 14.01.2008 which was allegedly avoided by the petitioner in spite of getting intimation of the notice given by the postal peon on 15.01.2008. Payment had not been paid. As such the complaint was lodged. The case was transferred to learned Judicial Magistrate, 2nd Court at Paschim Medinipur. Learned Magistrate held the trial and at the end of trial recorded conviction against the petitioner under Section 138 of N.I. Act.;