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2024 Supreme(Cal) 349

SHAMPA DUTT (PAUL)
Madhusudan Chakraborty – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saryati Datta.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision is against an Order No. 12 dated 29.05.2019 in the Criminal Revision No. 125 of 2018 passed by the Learned Addl. District & Session Judge (F.T.C. No. I) at Calcutta confirming the order of conviction and sentence dated 30.01.2018 passed by the Learned 17th M.M. in case no. C-24 of 2006 under Section 138 of Negotiable Instrument Act, 1881, in which the revisionist has been convicted and sentenced to pay compensation of Rs. 5,00,000/- (Five Lacs) to the complainant within two months I/D. suffer simple imprisonment for two months.

2. The complaint case in a nut-shell is that:-

    “The accused person/petitioner issued a cheque of Rs. 4,00,000/- being no. 197890 dated 31.11.2005 drawn on UTI bank, Saltlake City Branch, Kolkata – 700 064 in discharge of existing financial liability. Subsequently the said cheque was dishonored with the remarks “insufficient Fund” when the said cheque was deposited in the bank for encashment. Subsequently the complainant herein i.e. the opposite party No.1 sent a demand notice dated 12.12.2005 by registered post with A/D through her learned advocate and the said letter was duly received by the accused

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