Sayed Ahmed vs Unknown
2023 Latest Caselaw 1007 Cal

7.2.2023 ct.236, sl no.13 sk C.R.R. 2095 of 2009

In the matter of : Sayed Ahmed

None is appearing on behalf of the petitioner.

This criminal revisional application is

pending since 2009.

I am not inclined to adjourn the matter sou-

motu. Considering the age of the lis, I propose to

dispose of the criminal revisional application on

merit on the basis of materials available with the

record. The fact of the case as short as on follows:-

A partnership firm filed a petition of

complaint under Section 138 of the Negotiable

Instruments Act, against the proprietor of Western

Plywood Stores, Mr. Syed Ahmed who issued a

cheque amounting to Rs. 1,09,887/- in favour of

the opposite party no. 1 for discharging his

liabilities.

The cheque was presented to the bank by

the drawee and the same was dis-honoured for

insufficient fund. Even the drawer of the cheque

failed to act in terms of the notice given to him

under Section 138 of the N.I.Act.

The learned Metropolitan Magistrate, 17th

Court, Calcutta on 8th August, 2008 passed an

order of conviction after taking into consideration

the evidence adduced by the parties in complaint

case No. 935 of 2001 (TR) 436 of 2001.

The accused person being the drawer of the

cheque made an unsuccessful attempt to reverse

the order of conviction by preferring the criminal

Appeal No. 69 of 2009.

Being aggrieved by the judgment passed by

the learned Additional Sessions Judge, Fast Track

5th Court, Calcutta the appellant/drawer of the

cheque preferred this application under

consideration.

I have perused the judgment impugned.

I do not find any cogent reason to interfere

with the concurrent finding of the court below. The

criminal revision has no merit for consideration

and is dismissed, however, without costs.

Let a copy of the order be sent down to the

learned trial court for information and taking for

action.

(Siddhartha Roy Chowdhury J.)