- (1.) BOTH the revisional applications are taken up together for hearing and dispose of the same by a common judgment and order.
(2.) ORDER dated 22nd January, 2013 passed by the learned Sessions Judge, Hooghly in Criminal Appeal No.3 of 2012 modifying the judgment and order of conviction and sentence dated 22.12.2011 passed by the learned Judicial Magistrate, 4th Court, Hooghly in Cr. Case No.361 of 2006 by upholding conviction of the petitioner for commission of offence punishable under Section 138 of the Negotiable Instruments Act and directing the petitioner to pay a fine of Rs.10,000/ - in default to suffer simple imprisonment for one month and further directing him to pay compensation of Rs.50,000/ - with interest at the rate of 6% per annum thereon to the complainant in place and stead of substantive imprisonment imposed by the learned Magistrate.
(3.) THE prosecution case is to the effect that the opposite party is the owner of a proprietorship business viz., Gour Gopal Traders carrying on business of selling and supplying rice for the purpose of making parched rice. In good faith, the complainant supplied rice to the opposite party/complainant on credit. The petitioner in partial discharge of outstanding liability issued a cheque bearing No.048538 dated 22.8.2006 for a sum of Rs.50,000/ -. He also paid a sum of Rs.50,000/ - in cash. The said cheque on presentation was dishonored. A legal notice under Section 138(b) of the Negotiable Instrument Act was issued which was received by the petitioner/accused on 14.9.2006. The petitioner/accused sent a reply dated 15.9.2006 stating that he has already paid the said amount in cash. The opposite party/complainant disputed such fact and filed the petition of complaint.;