M/S. KRISHNA AND ASSOCIATES Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Learned Metropolitan Magistrate, 11th Court, Calcutta upon completion of trial of a Complaint Case No. C-927/96 under Ss. 138/141 of the Negotiable Instruments Act, 1881, finally decided and found guilty of the offences as complained of whereby convicted and sentenced the petitioner nos. 2 and 3 to suffer imprisonment for six months each and to pay a compensation of Rs.12,00,000.00 to the applicant/complainant.

(2.) Being aggrieved by and dissatisfied with the aforesaid conviction and sentence, the Petitioners preferred Criminal Appeal being Criminal Appeal No. 33/2000 which was renumbered as Criminal Appeal No. 149/21 before the Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta.

(3.) After admission of appeal, the matter was finally heard on 6/12/2021. The Learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan, Calcutta was pleased to affirm the judgment of the Learned Magistrate thereby directing that in addition to suffer imprisonment so affirmed by the said order, the accused persons/petitioners shall pay compensation of Rs.12,00,000.00 (Rupees Twelve Lakhs) only in accordance with Sec. 357(3) of the Code of Criminal Procedure, 1973 and, in default, Petitioner Nos. 2 and 3 shall further suffered simple imprisonment for 3 months each being vicariously liable.