- (1.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner Md. Tanweer Alam Ansari for quashing the judgment and order dated 18.09.2014 passed by learned Additional District and Sessions Judge, Fast Track Court, Calcutta in connection with Criminal Revision No. 131 of 2013 arising out of judgment and order of conviction and sentence passed by learned Metropolitan Magistrate, 10th Court, Calcutta in Complaint Case No. 2562 of 2005 under Section 138 of the Negotiable Instruments Act.
(2.) Contending inter alia the petitioner has contended that the impugned judgment and order passed by learned Additional District and Sessions Judge, Fast Track Court, Calcutta is bad in law and liable to be set aside. Petitioner has claimed that both the learned Courts below failed to appreciate the facts and infirmities in evidence of the prosecution adduced in the Trial Court. In this case on prayer of petitioner an interim order dated 18.11.2013 was passed for stay of execution of sentence on condition of petitioner's depositing Rs.15,000/- in the Court below towards payment of compensation amount. Subsequently, petitioner deposited that amount in the Court below and on his prayer, pending hearing of the application the interim order is being continued as per order dated 16.02.2015. Since after 16.02.2015 no one appeared for the petitioner repeatedly to participate in the hearing. As such, the matter has been heard only in presence of learned Advocates for complainant/opposite party. The lower Court records have been brought calling for the same from the learned Court below. At the time of hearing learned Advocate for the opposite party has argued that this application under Section 482 of the Code of Criminal Procedure is devoid of merits for which the petitioner kept himself away from Court at the stage of hearing in this Court. He has advanced his arguments that the 10th Court of learned Metropolitan Magistrate, Calcutta very rightly convicted and sentenced to the petitioner under Section 138 of the Negotiable Instruments Act and said judgment of conviction and sentence has been rightly upheld by the learned Additional District and Sessions Judge in Criminal Revision No. 131 of 2013 passing impugned judgment and order dismissing the petitioner's revisional application.
(3.) On going through the materials on records and the impugned judgment and considering the arguments advanced on behalf of the opposite party, I do not find any reason to discard the arguments advanced before me. The impugned judgment is reasoned and speaking one. As such, I find and hold that there is no substantive material in favour of the petitioner's application under Section 482 of the Code of Criminal Procedure. As a result, this application under Section 482, Code of Criminal Procedure, 1973 stands dismissed. Interim order passed earlier stands vacated. Return the LCR alongwith a copy of this judgment to the learned Court below for information and necessary action. Urgent photostat certified copy of this judgment, if applied for, be supplied to the parties or their advocates promptly observing all legal requisite formalities.;