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2022 Supreme(Cal) 1244

SIDDHARTHA ROY CHOWDHURY
Arun Kumar Jhajharia – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Pawan Kumar Gupta, Advocate, Sofia Nesar, Advocate, Santanu Sett, Advocate, Swarup Banerjee, Advocate, Arindam Chatterjee, Advocate, Sajal Kumar Ghosh, Advocate, N.P. Agarwal, Advocate, Pratick Bose, Advocate

JUDGMENT

Siddhartha Roy Chowdhury, J. - The petitioner before this Court filed a petition of complaint against Raju Raheman under Section 138 of the N.I. Act alleging inter alia that Raju Raheman in discharge of his liability and to pay debt, issued an account payee cheque of Rs. 24,000/- vide no. 855091 dated 22nd September, 2006 drawn on Syndicate Bank, Dharmotala Branch in favour of the complainant which was presented and dishonoured for insufficient fund. Demand notice was sent to the accused person in terms of statutory provision but it was not adhered to. Learned Trial Court after considering the evidence on record both oral and documentary was pleased to hold the accused person liable to be convicted under Section 138 of the N.I. Act and sentenced him to suffer simple imprisonment till rising of the Court and directed the convict to pay a sum of Rs. 28,000/- in three installments as compensation. The complainant felt aggrieved by the said order of learned Trial Court which according to complainant was inadequate and contrary to the intention of the legislature. Hence filing the criminal revision the complainant is seeking enhancement of sentence.

2. Assailing the impugned orde

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