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2017 Supreme(Cal) 129

JOYMALYA BAGCHI
P. S. Mitra @ Partha Sarathi Mitra – Appellant
Versus
Manor Travels Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Swapan Kumar Mallick, Ms. Manasi Roy, Ms. Sudhesna Das
For the Opposite Parties : Ayan Bhattacharyya, Anjan Datta, Cedric Fernandez

JUDGMENT :

Joymalya Bagchi, J.

The short question which falls for decision in this case is whether a judgment and order of conviction and sentence of imprisonment till the rising of the Court and an order of compensation imposed under Section 357(3) of the Code of Criminal Procedure with a direction to undergo imprisonment in default of payment of such compensation is appealable or not.

2. The petitioner was convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as N.I. Act) and sentenced to suffer imprisonment till the rising of the Court and directed to pay compensation to the tune of Rs. 4 lakhs within one month in default to suffer simple imprisonment for two years. Initially, the petitioner preferred a revision petition before the Additional Sessions Judge, Fast Track Court, Calcutta and thereafter made an application for converting such revision into an appeal on the premise that the imprisonment for two years prescribed in default of payment of compensation is appealable under Section 374(3) read with Section 376 of the Code of Criminal Procedure. Such prayer being turned down the petitioner is before this Cou


















































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