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Tripura High Court
Sri Arjun Banik vs Sri Swapan Saha on 20 January, 2026
HIGH COURT OF TRIPURA
AGARTALA
Crl. Rev. P. No.49 of 2025
Sri Arjun Banik,
Age-45 years, S/o-Lt. Haripada Banik,
R/o-Nutan Bazaar, P.S.-NTB,
District-Gomati, Tripura.
---- Petitioner(s)
Versus
1. Sri Swapan Saha,
S/o-Late Chitta Ranjan Saha,
Of-Nutan Bazar, P.S.-Nutan Bazar,
Amarpur, Dist-Gomati Tripura.
2. The State of Tripura.
----Respondent(s)
For Petitioner(s) : Mr. Arjun Acharjee, Adv.
Ms. Moon Basu, Adv.
For Respondent(s) : Mr. Raju Datta, PP.
Mr. Sankar Lodh, Adv.
Date of hearing and
Delivery of judgment : 20.01.2026.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order (Oral)
20.01.2026
Heard learned counsel Mr. A Acharjee, appearing on
behalf of the petitioner-convict Sri Arjun Banik and also heard Mr.
S Lodh, learned counsel appearing on behalf of the respondent
No.1, Sri Swapan Saha and leaned PP Mr. R Datta, appearing on
behalf of the State respondent.
2. This revision petition is filed challenging the order
dated 15.07.2025 passed by learned Addl. Sessions Judge, Gomati
District, Udaipur in Criminal Appeal No. 04/2024. By the said order
the appeal filed by the present petitioner convict was disposed of
without contest. Taking part in the hearing, learned counsel for
the petitioner drawn the attention of the court that by a judgment
dated 18.03.2024 passed by learned JM 1st Class, Amarpur,
Gomati District in CR(NI) 06/2022 the present petitioner was
convicted under Section 138 of the NI Act and was sentenced to
pay fine of Rs. 4,20,000/- in default to suffer SI for one year and
challenging that judgment/order the present petitioner preferred
an appeal before the court of the Sessions Judge which was
assigned to the court of the learned Addl. Sessions Judge, Gomati
District, Udaipur. The appeal was numbered as Crl.A. 04/20024.
Before the appellate court the present respondent-complainant on
19.11.2024 filed one application under Section 143A(1) of NI Act
supplying copy to the other side and on the prayer of the
respondent complainant the present petitioner was asked to file
his objection but the appellant did not file any objection. So by
order dated 28.05.2025 a direction was given by the learned
Appellate court to the petitioner to deposit 20% of the fine money
awarded by learned JM 1st Class, Amarpur, Gomati District before
that court. But the petitioner convict failed to deposit the same on
time resulting which by order dated 15.07.2025 the appeal was
dismissed for non-prosecution and the petitioner was directed to
surrender before the learned trial court to suffer the sentence.
3. Learned counsel further submitted that the said order
dated 15.07.2025 passed by learned Addl. Sessions Judge, Gomati
District suffers from infirmity as because the respondent
complainant ought to have filed the petition under Section 148 of
the NI Act but instead of filing the same under Section 148 of the
NI Act the respondent complainant filed the petition under Section
143A of the NI Act before the court quoting wrong provisions of
law and the learned appellate court without considering the said
provision passed an order under Section 143A(1) of NI Act and
directed the present petitioner-convict to deposit 20% of the
compensation/fine which itself shows non-application of mind and
the order itself suffers from perversity and as such the same
needs to be interfered with.
4. On the other hand, learned counsel Mr. S Lodh
appearing on behalf of the respondent-complainant drawn the
attention of the court referring different orders passed by learned
Addl. Sessions Judge, Gomati District, Udaipur and submitted that
since the present petitioner-convict failed to deposit 20% of the
fine money, so the direction of the learned appellate court was not
improper but he fairly submitted that the order ought to have
been passed under Section 148(1) of the NI Act.
5. Learned counsel Mr. Lodh further submitted that as per
sub-section (2) of Section 148 the period for deposit of the fine
amount has already expired. So at this stage there is no scope to
pass any direction for suspending the sentence. Now the petitioner
is either to deposit the entire amount or suffer imprisonment as
per order of the learned trial court.
Considered.
6. I have heard both the sides and perused the orders
passed by learned Addl. Sessions Judge, Gomati District, Udaipur
and the final order dated 15.07.2025. The appeal was dismissed
without any merit on the ground that the present petitioner as
appellant has failed to deposit 20% of the fine amount in
pursuance of order dated 28.05.2025.
7. The present petitioner without surrendering before the
learned trial court or without depositing the fine money has
straightway approached this court for invoking revisional
jurisdiction. Since from the order dated 15.07.2025 passed by
learned Addl. Sessions Judge it appears to this court that the
appeal was dismissed without any merit only on the ground that
20% of the fine amount was not deposited by the present
petitioner-convict, so in the considered view of this court, for the
sake of justice an opportunity be given to the present petitioner to
exercise his right of appeal in accordance with law but the present
petitioner convict inspite of allowing opportunity has failed to
exercise his right by not depositing the fine amount as ordered by
the learned appellate court, which was no doubt a gross
negligence on the part of the present petitioner convict because
due to non deposit of the amount the respondent has sustained
financial loss. So considering the facts and circumstances of the
case, it appears to this court that the present matter be remanded
back again to the learned appellate court with certain directions,
to enable the petitioner convict to argue his appeal in accordance
with law.
8. The learned first appellate court definitely either
overlooked or committed error in passing the order dated
28.05.2025 invoking the provisions of Section 143A of NI Act in
place of invoking the jurisdiction of Section 148 of the NI Act.
9. In the result, the present petition filed by the petitioner
convict is hereby allowed with direction that the petitioner convict
shall deposit 25% of the fine amount awarded by learned JM 1 st
Class by judgment dated 18.03.2024 in CR (NI ) 06/2022 on or
before the next date to the Learned Appellate Court and he shall
also pray for fresh bail before the learned appellate court for
suspension of his sentence.
10. Learned appellate court, in the event of receipt of 25%
of the fine amount shall restore the appeal and dispose of the
appeal in accordance with law after hearing both the sides afresh.
The petitioner shall surrender/appear before the court of the Addl.
Sessions Judge, Gomati District, Udaipur on 10.02.2026. If on that
date the present petitioner-convict fails to deposit the amount in
that case his further right shall be extinguished and the case shall
proceed in accordance with law for execution of the sentence
passed by the learned trial court. Liberty is further given to the
Learned Court bellow to pass an appropriate order, if so required,
on the prayer of the respondent complainant in accordance with
the provision provided under Section 148(3) of NI Act.
11. A copy of the order be furnished free of cost to the
counsel for the petitioner for information and compliance.
12. A copy of this order be communicated to the learned
Addl. Sessions Judge, Gomati District, Udaipur for information and
compliance.
With these observations, this petition stands disposed
of.
Send back the records to the learned trial court.
JUDGE
SATABDI DUTTA Digitally signed by SATABDI DUTTA
Date: 2026.01.21 17:38:08 +05'30'
Satabdi
