MADHUMATI MITRA,J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure 1973 filed by the petitioner challenging the impugned judgment and order dated 07.10.2015 passed by the Learned Additional Sessions Judge, 9th Court, Alipore in Criminal Appeal no.1 of 2015.
(2.) By the impugned judgment and order the Learned Judge confirmed the judgment and order dated 24th November, 2014 passed by the Learned Judicial Magistrate, 2nd Court, Alipore in Complaint Case No. C.6005/2002 under Section 138 of the Negotiable Instruments Act. Learned Magistrate had convicted the present petitioner and sentenced him to suffer simple imprisonment of 10 days and to pay compensation of Rs,55,000/- to the complainant in default to suffer simple imprisonment of three months.
(3.) Facts giving rise to the present Revisional Application may be summarized as under:- Opposite party initiated a complaint case being Complaint Case No.6005 of 2002 against the petitioner under Section 138 of the Negotiable Instruments Act on the allegations that the petitioner took friendly loan from the opposite party and undertook to repay the same in terms of the agreement dated 13.03.2001. It was also alleged in the said petition of complaint that the accused person, to run his business took assistance of consultancy as per the terms of agreement dated 13.03.2001. Accordingly the accused person in discharge of his liability issued eight post-dated account payee cheques amounting to Rs.48,000/- in favour of the complainant on Bank of Baroda, Sadananda Road Brach, Kolkata-700026. The complainant deposited said eight cheques for encashment and all the cheques were dihonoured. Complainant came to know about the dishonour of those cheques from his Banker on 17.10.2002 that said cheques were dishonoured on the ground of 'payment stopped by drawer.' Complainant/opposite party issued legal notice demanding the amount covered by those eight cheques. Petitioner/accused sent a reply to that notice through his advocate denying his liability to pay. After conclusion of trial the Learned Magistrate convicted the petitioner for committing an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for ten days and to pay compensation of Rs.55,000/- in default to suffer simple imprisonment for three months. ;