JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The petitioner/complainant has filed revision praying for setting aside of the judgment dated 07/08/2019 passed by the Additional District & session Judge 1st Fast Track Court, Calcutta in Criminal Revision no. 61/2018 thereby setting aside the judgment and order passed by the Ld. Metropolitan Magistrate 3rd Court, at Calcutta dated 31.07.2017 in complaint case no. C-39853/2009 u/s 138 of The Negotiable Instruments Act, 1881, convicting the opposite party No. 1/ accused to suffer Imprisonment till the rising of the count and to pay compensation of Rs 5,20,000 to the complainant within 3 months id to suffer simple Imprisonment for 6 months.

2. The petitioner/complainants case is that the Opposite party no. 1 in discharge of this legal liabilities towards the petitioner issued one account payee cheque being cheque no. 366919 dated 14.12.2008 drawn on Allahabad Bank, Sodepur branch, District North 24 Parganas for a sum of Rs.2,60,000/-(Two Lakhs Sixty Thousand Only) on promise that the same would be honoured on its presentation for payment.

3. The petitioner presented the aforesaid cheque for payment with his banker Indusind Bank Ltd. 3A, Upper Wood St