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DEBI PROSAD DEY
Arunava Bhattacharya @ Bhattacharjee @ Chanchal – Appellant
Versus
Sk. Jamshed Ali – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Rabi Shankar Chattopadhyay, Mr. Santanu Maji, Mrs. Snigdha Saha and Mr. A Ganguly, Advocate
For the Opp. Party No.2:Mr. Arindam Sen, Mr. Gazi Faruque and Mr. Saurav Basu, Advocate

JUDGMENT

Debi Prosad Dey, J.—This is an application under Section 482 of the Code of Criminal Procedure challenging the order passed by learned Session Judge, Hooghly in criminal appeal no. 18 of 2015 arising out of CR case No. 256 of 2006 under Section 138 of Negotiable Instrument Act whereby and where under learned Sessions Judge has affirmed the conviction and sentence awarded against the appellant by learned Judicial Magistrate, 5th Court, Hooghly in CR no. 256 of 2006.

2. The fact of the case is that the appellant issued a cheque of Rs.1,50,000/in favour of the complainant but the said cheque was dishonoured on presentation on the ground that the account was closed by the appellant. Notice was duly served upon the appellant but no reply was given by the appellant against the said notice. Thereafter, a petition of complaint was filed under Section 138 of the Negotiable Instrument Act and after completion of trial learned Sessions Judge convicted the appellant for the offence under Section 138 of the Negotiable Instrument Act and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.3,00000/in default to suffer simple imprisonment for another six mon











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