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2019 Supreme(Cal) 947

MADHUMATI MITRA
Palash Baran Dutta – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
Anirban Mitra, Adv., Amit Halder, Adv., Kaushik Chatterjee, Adv., Suprano Ghosh, Adv.

JUDGMENT :

Madhumati Mitra, J.

This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the petitioner Shri Palash Baran Dutta challenging the judgment and order dated 27th June, 2018 passed by the learned Additional Sessions Judge, 7th Court, Barasat in Criminal Appeal No. 12 of 2015 thereby affirming the judgment and order dated 13th March, 2015 passed by learned Judicial Magistrate, 1st Court, Barasat in complaint Case No. 1100 of 2002 under Section 138 of the Negotiable Instrument Act. (Hereinafter referred to as Act).

2. The present opposite party No. 2 Smt. Leela Dutta wife of late Monoranjan Dutta filed a complaint against the present petitioner for commission of the alleged offence punishable under Section 138 of the Negotiable Instrument Act. It was alleged in the said complaint that the present petitioner in discharge of his liability towards payment of consideration money for a piece of land purchased by him from the complainant issued a cheque of Rs.65,000/- (Rupees Sixty five thousand) only in favour of the complainant i.e. present opposite party No. 2. The opposite party No. 2 presented the said cheque to her bank for enca

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