Sri Sabitabrata Guha Roy vs Sri Udayan Bose & Anr
2022 Latest Caselaw 1048 Cal

08.03. 2022 item No.6 n.b.

ct. no. 34 CRR 2121 of 2018 Sri Sabitabrata Guha Roy Vs.

Sri Udayan Bose & Anr.

Mr. Kalyan Kumar Chakraborty, Mr. Kashinath Bhattacharya, Ms. Anjana Mehebeb, Mr. Ashok Halder.....for the Petitioner Mr. Tanmay Basu, Md. Asif Iqbal ...For the opposite party.

The present revisional application has been preferred

challenging the judgment and order dated May 3, 2018 passed in

Criminal Appeal No.217 of 2016 passed by the learned Additional

District & Sessions Judge, Fast Track 4 th Court, Alipore, South 24-

Parganas.

By the said order the learned Appellate court was pleased

to affirm the order of conviction and sentence passed by the

Learned Judicial Magistrate, 2nd Court, Alipore in complaint C.

Case no. 6198 of 2012 dated 27.9.2016. On an analysis of the

evidence which appear before the Court the learned Trial Court in a

case of dishonor of single cheque aggregating to a sum of

Rs.50,000/- was pleased to hold the present petitioner guilty and

awarded sentence to suffer S.I. of 2(two) days and pay sum of

Rs.55,000/- in default, to suffer S.I. of 3(three) months. From the

judgment of the appeal court it is clear from the findings that the

evidence was assessed and thereafter the conclusion was arrived

at. No issue has been raised before this Court regarding the

applicability of the provisions of the Negotiable Instruments Act. I

do not find any question of law is involved for interference of this

court against an order of the appeal Court.

Having regard to the same, I am not inclined to interfere

with the order passed by the appeal Court.

Accordingly, CRR 2121 of 2018 is dismissed.

All pending connected application, if any, are

consequently disposed of.

Interim order, if any, is hereby vacated.

Learned Judicial Magistrate, 2nd Court, Alipore is directed

to exclude the sentence in connection with the C. Case No. 6198 of

2012.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)