Subhasis Dasgupta, J. - (1.) The impugned judgment and order dated 7th August, 2017 passed by the learned Additional District & Sessions Judge, Fast Track Court No. II, City Sessions Court, Bichar Bhawan, Calcutta dismissing the Criminal Revision No. 145 of 2016 and thereby affirming the judgment and order of conviction and sentence dated 12th July, 2016 passed by learned Metropolitan Magistrate, 6th Court at Calcutta in connection with case being No. C-812 of 2004 under Section 138 of the Negotiable Instruments Act is the subject of challenge in this revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure.
(2.) Learned advocate for the revisionist submitted that the order of imprisonment in default of payment of compensation having recorded by the learned Magistrate after holding the petitioner accused as convicted for commission of offence under Section 138 of the NI Act treating the compensation as fine, the remedy of appeal available against imposition of such compensation should also be extended treating the compensation as fine in view of the decision delivered by a Coordinate Bench of this Court in the case of P.S. Mitra alias Partha Sarathi Mitra vs. Manor Travels Private limited & Anr, 2017 CrLJ 3764 : 2017(2) Cal Criminal Law Reporter 178.
(3.) It was contended by learned advocate for petitioner that the jurisdictional error could be challenged at any point of time, and the order passed in revision having suffered from want of jurisdictional error would be a nullity and void ab initio.;