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2023 Supreme(Cal) 97

TIRTHANKAR GHOSH
Indranil Mondal – Appellant
Versus
Birla Corporation Limited – Respondent


Advocates appeared:
Ranajit Roy, Advocate, Somopriyo Chowdhury, Advocate, Kausik De, Advocate, Kriti Mehrotra, Advocate, Mohini Majumder, Advocate, Raghav Munshi, Advocate

JUDGMENT

Tirthankar Ghosh, J. - The present appeal has been preferred against the judgment and order of conviction and sentence dated 06.05.2022 passed by the Learned Additional District and Sessions Judge, 2nd Fast Track Court, City Sessions Court, Bichar Bhawan, Calcutta in criminal Appeal No. 195 of 2019 arising out of Case no. C-2379 of 2001, wherein the learned Appellate Court was pleased to set aside the order of acquittal passed under Section 138 of the Negotiable Instruments Act by the Learned Metropolitan Magistrate, 5th Court, Calcutta in complaint case no. C-2379 of 2001 and convicted the appellant, thereby sentencing him to pay fine of Rs.3,40,000/- i.d. to suffer Simple Imprisonment for 6 months. By the same order the Appellate Court directed that the whole amount of fine should be paid and disbursed to the complainant as compensation.

2. Complaint case no. C-2379 of 2001 was initiated against the appellant/accused under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'N.I. Act'). The allegations made in the petition of complaint were to the extent that appellant was the proprietor of M/s Sova Builders which carried on business as dealer and sto

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