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2021 Supreme(Tri) 32

S.G.CHATTOPADHYAY
Kanu Chandra Das, Son of Sri Jagadish Chandra Das – Appellant
Versus
Joydeb Dey, Son of late Sunil Ch. Dey of Fulkumari – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. Acharjee, Advocate.
For the Respondent:Mr. S. Ghosh, Addl. Public Prosecutor. Mr. Samar Das, Advocate

JUDGMENT :

[1] The instant criminal revision petition filed under Section 397/401 of the Code of Criminal Procedure, is directed against the judgment, dated 21.06.2017 delivered by the Additional Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No.62(04) of 2016, affirming the judgment of conviction and order of sentence dated 22.11.2016 passed by the Chief Judicial Magistrate, Gomati Judicial District, Udaipur in case No.CR (NI) 13 of 2015, whereby learned trial Court while holding the petitioner guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (N.I Act hereunder) convicted and sentenced him to undergo rigorous imprisonment for a period of one year and pay fine to the tune of Rs.2,00,000/- only with default stipulation.

[2] Precisely, the facts as emerging from the record are that respondent No.1 (hereinafter referred to as the complainant) filed a complaint under Section 138, NI Act in the Court of the Chief Judicial Magistrate, Gomati Judicial District at Udaipur, alleging therein that he had lent a sum of Rs.1,00,000/-(rupees one lakh) to the petitioner (hereinafter referred to as the accused) on his reque

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