Sri Supriyo Banerjee vs Unknown
2022 Latest Caselaw 1926 Cal

08.04.2022

SB Ct. No.39 CRR 1136 of 2022

In the matter of : Sri Supriyo Banerjee

Mr. Arindam Sen Mr. Asit Bera ... for the Petitioner

This is an application challenging a judgement and order dated.

16.02.2022 passed by the learned Sessions Judge, Bankura in Criminal

Appeal No. 21 of 2017, thereby affirming a judgment and order of

conviction and sentence dated 27.10.2017 passed by the learned

Judicial Magistrate, 3rd Court, Bankura in Case No. 127C/2002 under

Section 138 of the N.I. Act.

Learned counsel appearing on behalf of the petitioner submits as

follows. For the purported dishonored of a cheque of Rs.30,000/-, the

petitioner was directed to pay a fine of Rs.80,000/- by the learned Trial

Court. The learned Appellate Court erroneously affirmed the said order.

First, the consideration behind the issuance of a cheque could not be

proved. Secondly, a sum of more than double the amount a cheque

could not be awarded as fine.

Let the petitioner serve a copy of this application upon the

opposite party by speed post with acknowledgement due, within a week.

An affidavit of service to that effect shall be filed on the next date of

hearing.

Let the matter appear in the list under the heading 'Contested

Application' after three weeks.

Subject to the deposit of Rs.30,000/- i.e., the amount of cheque,

by the petitioner within three weeks from date before the learned Trial

Court, without prejudice, the operation of the impugned judgement and order shall remain stayed till one week after the ensuing Summer

Vacation.

Urgent photostat certified copy of this order may be supplied to the

parties expeditiously, if applied for.

(Jay Sengupta, J.)