CRR/96/2022
2022 Latest Caselaw 289 Cal

03.02.2022

SB

CRR 96 of 2022

In Re : Sri Sanatan Maity

Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett ... for the petitioner

This is an application challenging a judgment and order dated

31.03.2021passed by the learned Additional Sessions Judge, 2nd

First Track Court. Contai, Puba Medinipore in Criminal Appeal No. 7

of 2019 thereby dismissing the appeal and affirming the judgement

and order of conviction and sentence imposed by the learned

Additional Chief Judicial Magistrate, Contai, Purba Medinipore in

C.R. Case No. 201 of 2017 under Section 138 of the Negotiable

Instruments Act.

Learned counsel appearing on behalf of the petitioner

submits as follows. For the purported dishonor of a cheque of Rs.15

lakhs, the petitioner was convicted and sentenced to suffer

imprisonment for one month and to pay a compensation of Rs.

17,70,000/-. At the time of admission of appeal, the petitioner had

already deposited a sum of Rs.4 lakhs before the learned Trial

Court. The prosecution could not prove its case beyond the

reasonable doubt. The learned Trial Court failed to consider the

points taken on behalf of the accused. There were two cheques that

were given to the complainant / opposite party. One was honoured

because there were dues to the extent. However, for the other

cheque there was no consideration. The documents that were relied

on by the accused were not properly appreciated by the learned

Trial Court.

Let the petitioner serve a copy of this application upon the

State through the learned Public Prosecutor and upon the opposite

party no. 2 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 this matter appear in the list under the heading

'Contested Application' three weeks hence.

Subject to the deposit of a sum of Rs. 11 lakhs i.e., the rest of

the cheque amount before the learned Trial Court by the petitioner

without prejudice, within three weeks from this date, the operation of

the impugned judgment and order shall remain stayed for a period

of six weeks from this date.

Liberty is granted to pray for extension or modification or

variation of the interim order upon notice to the other side.

Urgent photostat certified copy of this order may be supplied

to the parties expeditiously, if applied for.

(Jay Sengupta, J.)