Advocates:
['Mr B DEBNATH', '', 'Mr T D MAJUMDAR', 'PP', '', 'Mr T K DEBBARMA']

Page - 1 of 22

Crl. Rev. P Nos.06/2018 & 07/2018.

HIGH COURT OF TRIPURA

AGARTALA

1. Crl. Rev. P No.06/2021

1.

Smti Sangita Sharma (Dhyani),

W/o. Sri Sambhu Prasad Dhyani, R/o. Ram Krishna

Palli, 79 Tilla, P.O.-Kunjaban, PS-East Agartala,

District-West Tripura.

…………… Accused Petitioner(s).

Versus

1.

M/S J.K. Construction.

C/O. Das Builders, Joynagar Bus Stand, Agartala,

West Tripura. Represented by it partners, namely,

(a) Shri Jiban Kumar Saha, (b) Sri Shekhar Ch.

Podder, (c) Sri Surajit Saha, (d) Sri Debashish Das,

(e) Sri Dipankar Datta, (duly represented by its

constituted attorney namely- Sri Sekhar Ch. Podder)

2.

The State of Tripura.

Represented by learned P. P, High Court of Tripura,

Agartala.

…………… Respondent(s).

2. Crl. Rev. P No.07/2021

1.

Smti Sangita Sharma (Dhyani),

W/o. Sri Sambhu Prasad Dhyani, R/o. Ram Krishna

Palli, 79 Tilla, P.O.-Kunjaban, PS-East Agartala,

District-West Tripura.

…………… Accused Petitioner(s).

Versus

1.

M/S J.K. Construction.

C/O. Das Builders, Joynagar Bus Stand, Agartala,

West Tripura. Represented by it partners, namely,

(a) Shri Jiban Kumar Saha, (b) Sri Shekhar Ch.

Podder, (c) Sri Surajit Saha, (d) Sri Debashish Das,

(e) Sri Dipankar Datta, (duly represented by its

constituted attorney namely- Sri Sekhar Ch. Podder)

2.

The State of Tripura.

Represented by learned P. P, High Court of Tripura,

Agartala.

…………… Respondent(s).

Page - 2 of 22

Crl. Rev. P Nos.06/2018 & 07/2018.

BEFORE

THE HON’BLE MR. JUSTICE S. G. CHATTOPADHYAY

In Crl. Rev. P. No.06/2021.

For Petitioner(s)

: Mr. T. D. Majumder, Sr. Advocate.

Mr. Biplab Debnath, Advocate.

For Respondent(s) : Mr. Ratan Datta, Public Prosecutor.

Mr. T. K. Debbarma, Advocate.

In Crl. Rev. P. No.07/2021.

For Petitioner(s)

: Mr. Biplab Debnath, Advocate.

For Respondent(s) : Mr. Ratan Datta, Public Prosecutor.

Mr. T. K. Debbarma, Advocate.

Date of hearing

: 10^th March, 2021.

Date of Judgment & Order : 30^th June, 2021.

Whether fit for reporting : NO.

JUDGMENT AND ORDER

[1]

This criminal revision petition is directed against common

judgment dated 16.05.2020 delivered by the Sessions Judge, West

Tripura, Agartala in Criminal Appeal No.20 of 2017 and Criminal Appeal

No.21 of 2017 affirming the judgment and order of conviction and

sentence dated 04.05.2017 passed by the Additional Chief Judicial

Magistrate in case No. NI 107 of 2008 and NI 113 of 2008 sentencing the

petitioner to fine in both the cases under Section 138 of the Negotiable

Instrument Act, 1981 (for short N.I. Act). In case No. NI 107 of 2008 the

petitioner was sentenced to a fine of Rs.15,00,000/- with default

stipulation and in case No. N.I 113 of 2008 she was sentenced to a fine of

Rs.20,00,000/- with default stipulation

[2]

The petitioner filed separate criminal revision petitions against

the impugned judgment passed by the learned Sessions Judge which

Page - 3 of 22

Crl. Rev. P Nos.06/2018 & 07/2018.

were numbered as Crl. Rev. P.No.6 of 2021 and Crl. Rev P. No.7 of 2021.

Facts and law being same in both the petitions, the said petitions are

taken up together for disposal by this common judgment.

[3]

Factual background of the cases are as under:

In Crl. Rev. P. No.06 of 2021:

Respondent No.1 herein being complainant filed a complaint

under Section 138 N.I Act and Section 420 IPC in the Court of the Chief

Judicial Magistrate, West Tripura, Agartala on 28.06.2008. The said

respondent, a registered partnership firm, was represented by its

constituted attorney. It was alleged in the complaint that the firm was

engaged in various businesses as a planner, developer and contractor.

The accused (present petitioner) was engaged in manufacturing bricks

and the name of her company was Ayush Bricks Industries. The said

accused (petitioner herei