Mr. T. D. Majumder vs Mr. R. Datta
2022 Latest Caselaw 646 Tri

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                  HIGH COURT OF TRIPURA
                        AGARTALA

                        Crl.Rev.P. No. 38 of 2022

For the Petitioner(s)       :      Mr. T. D. Majumder, Sr. Advocate
                                   Mr. T. Halam, Advocate
For Respondent(s)           :      Mr. R. Datta, P. P.

Mr. S. Ghosh, Addl. P. P.

HON'BLE MR. JUSTICE ARINDAM LODH Order

11/07/2022

Heard Mr. T. D. Majumder, learned senior counsel assisted by Mr. T. Halam, learned counsel appearing for the petitioner. Also heard Mr. R. Datta, learned P. P. and Mr. S. Ghosh, learned Addl. P. P. appearing for the State-respondent.

This is a revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 for quashing/setting aside the judgment and order of conviction dated 10.05.2022 passed by learned Sessions Judge, Gomati District, Udaipur, in Case No. Criminal Appeal No. 05 of 2021whereby and whereunder the learned Sessions Judge had affirmed the judgment and order of conviction dated 26.02.2021 passed in Case No. CR (N.I.) 53 of 2019 by the learned Chief Judicial Magistrate, Gomati District, Udaipur.

In a case under Section 138 of the Negotiable Instruments Act, the accused petitioner was directed to pay Rs.3,70,000/- by the Chief Judicial Magistrate, Gomati District, Udaipur. The cheque amount was

Rs.2,70,000/-. The petitioner preferred an appeal before the learned Sessions Judge, Gomati District and the learned Sessions Judge vide order dated 10.05.2022 in connection with Case No. Criminal Appeal No. 05 of 2021 had passed the following direction:

"The appellant namely, Debajyoti Saha, was directed to pay the fine money @ Rs. 3,70,000/- (Rupees Three Lac Seventy Thousand). The same is one lakh rupees above the amount payable. While the Respondent is entitled to get back his money he is not entitled to any bounty. At the rate 6 percent the principal amount would have become Rs. 3,20,000/- in 3 years. Since cheque bounce it is around 2 ½ years. Therefore the fine is reduced to Rs. 3,20,000/- payable to respondent 2 within 60 days from today as compensation failing which the appellant shall suffer RI of one (1) year."

Mr. T. D. Majumder, learned senior counsel has fairly submitted that the petitioner shall comply the said direction within a period of 6 (six) months from today and the petitioner is praying for some relaxation in the terms of payment. Mr. Majumder has also submitted that the petitioner shall pay the aforesaid amount of Rs. 3,20,000/- to the respondent No.1, Sri. Tapan Chandra Shiv, son of Late Narendra Nath Shiv in 5 (five) installments that would be payable within 6 (six) months.

With the aforesaid submissions, this revision petition is admitted. Call for records.

Issue notice upon the respondent No. 1 to show cause as to why the reliefs claimed for by the petitioner shall not be granted as prayed for;

and/or as to why such further order or other orders should not be passed as to this court may seem fit and proper.

Notice is made returnable within 6(six) weeks. The petitioner shall take steps for causing service of notice upon the respondent No. 1 by registered post with A/D within 7 (seven) days.

List the matter on 29.08.2022.

JUDGE

Snigdha