Murari Sarkar vs Unknown
2022 Latest Caselaw 472 Cal

23   10.02.2022                             CRR 361 of 2022
NB

                  In the matter of:- Murari Sarkar                       ...petitioner

                                   Mr. Pratim Priya Das Gupta,
                                   Mr. Raya Rudra.
                                                         ...for the petitioner.

                                   Ms. Ayantika Ray.
                                                            ....for the State.

This is an application challenging a revisional order passed by

the learned Additional Sessions Judge, Fast Track Court No.1, Bichar

Bhawan, Calcutta in Criminal Revision No.126 of 2016, thereby affirming

the order of conviction and sentence awarded on the present petitioner

under Section 138 of the Negotiable Instruments Act.

Learned Counsel appearing on behalf of the petitioner submits as

follows. For the dishonour of a cheque of Rs.1,50,000/-, the petitioner was

directed to pay a compensation of Rs.2,00,000/-. At the time of preferring

the revisional application, the petitioner already deposited a sum of

Rs.50,000/- before the learned Trial Court. The prosecution has failed to

prove its case beyond all reasonable doubts. The accused successfully

rebutted the presumption under Section 139 of the Negotiable Instruments

Act, which the learned Courts failed to appreciate.

Let the petitioner serve a copy of this application upon the

complainant/opposite party by speed post with acknowledgment due,

within a week and file an affidavit of service to that effect on the next date

of hearing.

Let this matter appear in the list as a 'Contested Application' three

weeks hence.

Call for the lower Court records.

Subject to the deposit of Rs.1,00,000/- i.e. the rest of the cheque

amount by the petitioner, without prejudice, before the learned Trial Court

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. The

complainant shall be at liberty to withdraw the said sum from the learned

Trial Court. However, the payment of such amount shall be subject to the

final decision of this Court.

Liberty is granted to pray for extension or modification or vacating

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.)