The term of imprisonment in default of payment of compensation under Section 138 of the Negotiable Instruments Act cannot exceed one-fourth of the maximum term of imprisonment for the offense.

JUDGMENT :

SUBHENDU SAMANTA, J.

1. These instant Criminal Revisions are preferred u/s 397/401 read with Section 482 of the Code of Criminal Procedure against order dated 17.11.2017 passed by Learned Additional District and Sessions Judge Fast Track 1st Court Calcutta in Criminal Appeal Nos. 66 of 2017 and 67 of 2017 dismissing the appeals by affirming thereby the orders dated 15th December 2014 passed by the Learned Metropolitan Magistrate 12th Court Calcutta in Case No. C 1866 of 2010 and Case No. C 3897 of 2010 respectively u/s 138 of Negotiable Instrument Act thereby convicting the petitioner to suffer detention till rising of the court (TRC) and to pay compensation of Rs. 4,00,000/-and Rs. 3,00,000/-respectively to the complainant within one month in default to suffer simple imprisonment for two years.

2. The brief fact of the case is that the present petitioner had business transaction with present opposite party No. 1 for purchasing by Railway tickets.

3. During the said business the present petitioner used to pay money through cheques. The business transaction was continues and the petitioner used to pay on regular basis to the opposite party No. 1 through cheques. Opposite party No. 1 has deposited the some of the cheques with their banker and the said cheques were dishonoured. The opposite party filed the instant complaint case but before the Jurisdictional Magistrate on the alleged acquisition of having commission of offence punishable u/s 138 of Negotiable Instruments Act. The present petitioner contested the complaint case before the Learned Magistrate on conclusion of evidence of witnesses and after examining the accused/petitioner u/s 313 Cr.P.C. and on perusal of the materials on record and also after hearing of the respective parties; the Learned Magistrate has passed the Judgment and Order dated 05th December 2014 thereby convicted the present petitioner u/s 138 of Negotiable Instrument Act and passed the impugned order of sentence accordingly.

4. The present petitioner being aggrieved and dissatisfied with the said order dated 05th December 2014 passed by the Learned Magistrate concern preferred a revision application before the Learned Chief Judge, City Sessions Court, Calcutta. Subsequently the revisional application was converted to an appeal and it was heard by the Learned Additional District and Sessions Judge, Fast Track 1st Court Calcutta. During the continuation of the appeal one application u/s 391 of the Code of Criminal Procedure for adducing additional evidence was preferred by the present petitioner/accused. Learned Additional Sessions Judge heard the appeal along with the application and by passing the impugned order dated 17th November 2017 affirmed the order of the Learned Magistrate.

5. Hence this revision.

6. Learned Advocate for the petitioner submits that the Learned Judge, has failed to appreciate the facts and circumstances of this case and the impugned judgment is palpably improper and illegal in the eye of law. Learned Judge has failed to consider the fact that during the examination of the accused u/s 313 Cr.P.C. Petitioner specifically stated that he has already paid some of the cheque amount and was received by the present opposite party prior for the filing of the complaint. The receipt of the said payments are within the custody of the petitioner. The Trial Magistrate did not integrated into the said fact the Appellate Court also did not allow the present petitioner to adduce further evidence and exhibit the payment receipts. Learned Judge has failed to consider the present case is relates offence u/s 138 of Negotiable Instruments Act and the Learned Judge ought to have allowed the present petitioner to adduce additional evidence. The Order of compensation passed by the Learned Magistrate is not proper in view of the fact that the huge amount of payment has already been made to the opposite party. Learned Magistrate has also failed to appreciate the fact that the cheques were only handed