- (1.) The petitioners were convicted under Section 138 of the N.I. Act and sentenced to pay fine and compensation, by the Trial Court. Against the said order, they preferred an appeal before the Sessions Court at Barasat. However, the learned Sessions Judge admitted the appeal but was of the opinion that their prayer for stay of realization of fine and the payment of compensation shall be considered only after appearance of the complainant/opposite party. It is the case of the petitioners that the notice was duly served upon the complainant/opposite party, still he was not appearing in the court below. In this regard, the learned Counsel for the petitioners invited the attention of this court to the order passed in connection with the said appeal on November 18, 2014. He then pointed out from the postal track record, at Page 41 of this criminal revision, that notice was duly served upon the complainant/opposite party.
(2.) Aggrieved by the refusal of the learned Sessions Judge to take up the matter for consideration on the question of stay of the operation of the sentence and the payment of compensation, the petitioners have now approached this court.
(3.) Heard the learned Counsel appearing for the petitioners and considered his submissions. Perused the materials on record.;