JUDGMENT :

1. The instant criminal revision application is directed against the judgment dated 24.07.2014, passed by the learned Principal Sessions Judge, Sahibganj in Criminal Appeal No.24 of 2014, whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence dated 14.02.2014, passed by the learned Judicial Magistrate, 1st Class in P.C.R Case No.366 of 2007 corresponding to T.R. Case No.151 of 2014 whereby the petitioner has been convicted for the offence under Section 138 of Negotiable Instrument Act and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.74,05,000/-(Rs. Seventy four lacs and five thousand) out of which Rs.74,00,000/-(Rs. Seventy four lacs) will be given to the complainant as compensation under Section 357 Cr.P.C. and in default of payment of fine further S.I. for six month, has been affirmed.

2. The prosecution case in brief is that a current account bearing No.0109000817300 at S.B.I Mirzachowki Branch was opened and operated by Ramakant Singh through power of attorney holder Ashu Singh (in the style Ramakant Singh POA Ashu Singh) having over draft facility. On 30.04.2007 the outstanding dues in the said account was Rs.83,60,645/- (Eighty three lack sixty thousands six hundred and forty five)only. The account holder in the course of repayment of his debts and liabilities requested the complainant Branch to purchase/discount three cheques bearing Nos.169313 dated 05.05.2007 for Rs.20,00,000/- (Twenty Lacs), 169314 dated 07.05.2007 for Rs.30,00,000/- (Thirty lacs) and 169315 dated 08.05.2007 for Rs.24,00,000/- (Twenty four lacs). All the cheques were drawn by the accused Suman Singh in favour of Ramakant Singh POA Ashu Singh on her account No.1051050168882 maintained at the HDFC Bank, Constancia Building, Dr. U.N.Brahmachari Street, Kolkata 7000017. On 30.04.2007, the complainant Bank purchased the said cheques and credited amount against the outstanding dues of the account holder resulting the reduction of the outstanding dues in the said account to Rs.10,22,310/- (Ten lacs twenty two thousand three hundred ten) only. The cheques were presented to the drawee bank but they were returned on 30.07.2007, due to the reason that the accused had stopped payment of the said cheques. After further correspondence, the drawee bank by letter dated 13.08.2007 informed that the balance in the account of accused on 30.07.2007 was Rs.30008.28/- (Rs. Thirty thousand eight and twenty eight paise) only. Thereafter, legal notice vide letter dated 22.08.2007 was given by the complainant to repay by letter dated 21.09.2007. Remaining unpaid, the complainant filed the complaint petition dated 05.10.2007 in the court of learned Chief Judicial Magistrate, Sahibganj.

3. On the basis of aforesaid complaint petition the case was registered and finally the charge was framed against the petitioner for which she pleaded not guilty and claimed to be tried.

4. The learned trial court after dealing with the evidences, both oral and documentary, came to the conclusion that the complainant has successfully proved the charge against the accused and held the petitioner guilty for the offence punishable under Section 138 N.I. Act.

5. Being aggrieved by the judgment of conviction and order of sentence dated 14.02.2014, the petitioner preferred an appeal before the learned Principal Sessions Judge, Sahibganj, who concurred with the finding of the learned trial court and sustained the judgment of conviction and order of sentence.

6. Mr. Indrajit Sinha, learned counsel for the petitioner submits that the learned trial court has committed a gross error in convicting the petitioner in as much as there was no debt or any liability against this petitioner with the respondent-Bank. He further submits that as per the complainant the respondent-Bank on the request of Ramakant Singh POA Ashu Singh purchased the impugned cheques upon which it became the holder in due cour