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2023 Supreme(Cal) 49

SHAMPA DUTT PAUL
Mithun Modak – Appellant
Versus
Deepak Kumar Sharma – Respondent


Advocates appeared:
Amarta Ghose, Advocate, Siddhartha Paul, Advocate, Souryadeep Ghosh, Advocate, Mani Shankar Chaudhury, Advocate

JUDGMENT

Shampa Dutt (Paul), J. - The present revisional application has been referred praying for setting aside or modification of an order dated 24th December, 2019 passed by the Learned Additional District & Sessions Judge, Raghunathpur, Purulia in Criminal Appeal No. 09 of 2019 preferred by the accused/petitioner on being convicted by the learned Magistrate in Complaint Case No. 04 of 2013 under Section 138 of the Negotiable Instruments Act.

2. The petitioner's case is that on basis of a false complaint with completely forged documents the petitioner has been implicated as an accused in a case of dishonor of cheque amounting Rs. 3,30,000/-(Three lakhs and thirty thousand only) by the opposite party.

3. The petitioner pleaded not guilty to the commission of the alleged offence and faced the trial. But due to lack of proper legal guidance the petitioner was unable to defend himself in the aforesaid trial which was presided over by the Learned Additional Chief Judicial Magistrate, 2nd Court, Raghunathpur, Purulia. As a result the petitioner was convicted for the commission of offence punishable under Section 138 of the Negotiable Instruments Act and the petitioner was sentenced to un

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