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TMI Blog2021 (12) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... y the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipur in C.R case No.198 of 2015 was affirmed. In the impugned judgement. Learned Additional Sessions Judge, FTC-II, Contai directed the complainant/petitioner to surrender before the learned trial court within 10 days from date of the judgment. 2. In his application for criminal revision the petitioner urged that the judgement and order passed in the Criminal Appeal No.3 of 2019 is bad in law, illegal and the same is not sustainable in the eye of law. It is further contended that while passing the judgement the court ought to have scrutinized the source of Rs. 3,50,000/- alleged to have been paid by the complainant/opposite party no.1 to the accused/petitioners as loan accomm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecutive judgments the petitioner has been found guilty of the offence and was convicted and sentenced thereof. The fact of the case as it appears from the petition of complaint of opposite party no.1 is that a loan accommodation of Rs. 3,50,000/- was given to the petitioner/accused Tapan Kumar Ghosh on account of his daughter's marriage. The petitioner in discharge of his debt issued a cheque dated 30.3.2015 in favour of the opposite party no.1 drawn, on Mugberia Central Co- operative Bank, Kalagachia Branch. The complainant presented the said cheque in his own account at the State Bank of India, Kalagachia Branch but the same was dishonoured due to insufficient fund. The Branch issued an information slip dated 6.4.2015 informing the op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal bearing Criminal Appeal No.3 of 2019, which has been disposed of by the learned Additional Sessions Judge, FTC, Contai, Purba Medinipur by his judgment and order dated 3.9.2019, wherein the impugned judgement and order dated 7.12.2018 passed by the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipur in C.R Case No. 198 of 2015 has been affirmed. The convict was directed to surrender before the learned trial court within 10 days from the date of passing of the judgment. After some time the petitioner's Advocate stopped appearing and no further step has been taken on behalf of the petitioner. 7. Learned advocate for the opposite party no.1 submitted that the impugned Judgment and order suffers from no illegality or improp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In my considered view the petitioner having issued the cheque in question is liable for non-clearance of the same and non-payment of the dues to opposite party no.1. To ensure due payment to the drawee of a cheque, the court trying the offence is empowered under section 138 of the Negotiable Instrument Act to impose a sentence of imprisonment which may extend to two years or with fine, which may extend to twice the cheque amount or both. Therefore, I find no illegality in the impugned judgment where a substantive sentence of three months of imprisonment as well as a compensation twice the cheque amount has been awarded in favour of the opposite party no.1, against the petitioner. 12. In view of the above discussion I find the impugned jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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