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2021 Supreme(Tri) 23

S.G.CHATTOPADHYAY
Balaram Chowdhury, S/o Sri Thainga Chowdhury – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D K Daschaudhury, Adv.
For the Respondent: Mr. Ratan Datta, Ms. S.Chakraborty, Adv.

JUDGMENT :

[1] Petitioner Balaram Chowdhury was convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1981 and sentenced to pay a fine of Rs.1 lakh with default stipulation by the Judicial Magistrate First Class Sabroom in case No CR 499 of 2012 (NI) by judgment and order dated 19/01/16 along with Amiya Gopal Datta who was also convicted for the same offence and sentenced to pay the same amount of fine. Pursuant to the judgment of the trial court said Amiya Gopal Datta has already paid the fine whereas petitioner Balaram Chowdhury preferred criminal appeal No.8 of 2016 in the court of Sessions Judge in South Tripura at Belonia challenging the judgment of the trial court. The appellate court vide judgment dated 09.08.2018 in Criminal Appeal No 8 of 2016 affirmed the judgment of the learned trial court.

Hence this Criminal Revision Petition.

[2] Brief facts of the case are as under:

Manik Debnath [PW-1] of Gokulpur, lodged a written complaint on 28/9/2012 in the court of the SDJM at Sabroom in South Tripura District, alleging, inter alia, that he used to supply coal to the brick kilns throughout the state. In the course of his business he ent

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