Calcutta High Court (Appellete Side)
Kaushalya Jaiswal vs State Of West Bengal & Anr on 17 January, 2023
17.01. 2023
item No.22
n.b.
ct. no. 551 CRR 3896 of 2017
Kaushalya Jaiswal
Vs.
State of West Bengal & Anr
Mr. Abhra Mukherjee,
Mr. Sauradeep Dutta
... for opposite party no.2.
Mr. Narayan Prasad Agarwala,
Mr. Pratick Bose,
.. for the State.
None appears on behalf of the petitioner.
Mr. Pratick Bose, learned advocate appearing on behalf of
the State who was requested by this Court to inform the petitioner,
submits that he informed the learned advocate for the petitioner,
but he did not turn up.
Considering the submissions of the learned advocate for
the State, I think it is necessary to dispose of the instant criminal
revisional application on hearing the learned advocate for the State
as well as learned advocate for the private opposite party no.2.
Heard the learned advocates and perused the grounds for
criminal revision. The instant criminal revisional application has
been preferred against the judgment and order dated 5.9.2017
passed by the learned Additional District and Sessions Judge, Fast
Track Court No.II, Bichar Bhawan, Calcutta in connection with
Criminal Appeal no.67 of 2016, thereby affirming the judgment
dated 29.4.2016 passed by the Learned Additional Chief
Metropolitan Magistrate, Calcutta in Complaint Case no.C-81 of
2011 under Section 138 of Negotiable Instruments Act, thereby
convicting the present petitioner and sentencing her to suffer
simple imprisonment till rising of the Court and to pay
Rs.25,00,000/- towards compensation to the opposite
party/complainant, in default to undergo simple imprisonment for
further period of six months.
The present petitioner is arrayed as an accused by the
present opposite party no.2 in a petition of complaint filed under
Section 138 of the Negotiable Instruments Act before the learned
Judicial Magistrate i.e learned Additional Chief Metropolitan
Magistrate, Calcutta; inrespect the impugned cheque bearing
no.477921 dated November 1, 2010 with an amount of
Rs.20,00,5,307/- drawn on ABM AMRO Bank issued by the
petitioner herein.
The learned Magistrate has considered the evidences and
discussed elaborately the grounds of defence and admissibility of
the documents. After specifying of the case of the present opposite
party no.2. Learned Magistrate has passed the order of sentence
against the present petitioner to suffers simple imprisonment till
rising of the Court and to pay Rs.25,00000/- as compensation to
the complainant. The present petitioner preferred an appeal
against the said order before the learned Sessions Judge and the
appeal was heard by the learned Sessions Judge, Fast Track Court
No.II, Bichar Bhawan, Calcutta whereby learned Additional
Sessions Judge has affirmed the order of sentence passed by the
Learned ACMM, Calcuttta.
I have gone through the judgment passed by the learned
Court below and in considering of the argument advanced by
learned advocate for the opposite party no.2 as well as the State, it
appears that there is no chance for interference with the impugned
order passed by the learned Additional Sessions Judge.
Thus, I find no merit to entertain the instant criminal
revisional application as it is found devoid of merit.
Accordingly, the instant revisional application is dismissed
and be treated as disposed of. The impugned order passed by the
learned Sessions Judge is hereby affirmed.
Any order of stay passed by this Court during the
continuation of the instant revisional application is also hereby
vacated.
The petitioner is directed to appear before the learned
ACMM, Calcutta to serve out the sentence on 17 th day of February,
2023 failing which the learned ACMM, Calcutta is directed to issue
warrant of arrest against the present petitioner for compliance of
this order.
Let a copy of this order be served upon the learned ACMM,
Calcutta for his information and necessary compliance.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
( Subhendu Samanta, J.)
