- (1.) This is an application under Section 401 read with Section 482 of the Criminal Procedure Code in which the present petitioners who are admittedly the legal heirs of Late Gopal Gupta have challenged the order dated 21.01.2013 as passed by the Learned Additional Sessions Judge, 3rd Court, Hooghly in connection with Criminal Motion No.160 of 2012 affirming the order dated 12.03.2012 of the Chief Judicial Magistrate, Hooghly passed in MP Case No.16 of 2011 which arose out of CR Case No.99 of 2003 under Section 138 of the N.I. Act. The matter was extensively heard on 29.01.2014 and the order was kept reserved and it is being delivered today.
(2.) The fact in brief can be stated in thus: that Gopal Gupta was the accused in CR. Case No.99 of 2003 under Section 138 of the N.I. Act as the cheques issued by him to the tune of Rs.4,20,000 (four lakh twenty thousand) bounced on their presentation by the complainant of that case, Subhas Chandra Das to his banker. After observing all formalities the complainant Subhas Chandra Das initiated the proceedings under Section 138 of the N.I. Act and the case ended in conviction and the accused Gopal Gupta was "sentenced to pay a fine of Rs.4,50,000 (four lakh fifty thousand) in default to suffer S.I for six months. It was further ordered that if the fine amount was realized then a sum of Rs.4,00,000 (four lakh) to be paid to the complainant for suffering loss of injury caused by the offence".
(3.) Appeal was preferred against that judgment which was registered as Criminal Appeal No.34 of 2009 but unfortunately for the present OP, now aged about 83 years, that Gopal Gupta died and the Learned Sessions Judge, 3rd Court, Hooghly at Chinsurah disposed of the appeal on being abated as the legal heirs i.e. the present petitioners before this Court did not prefer any application to substitute themselves as the appellants in place of the deceased Gopal Gupta.;