Advocates:
['D K DASCHOUDHURY', 'PP', '', 'Ms S CHAKRABORTY']

HIGH COURT OF TRIPURA

AGARTALA

Crl.Rev.P.No.59 of 2018

Sri Balaram Chowdhury, S/o Sri Thainga Chowdhury R/o Village and

P.O.Rupaichari, P.S- Sabroom, District-South Tripura, Tripura

-----Petitioner(s)

Versus

1.The State of Tripura represented by PP, High Court of Tripura, Agartala.

2.Sri Manik Debnath, S/o Late Balendra Debnath R/o Village Dhwajanagar,

P.O-Gakulpur, P.S-R.K.Pur, District-Gomati, Tripura.

----Respondent(s)

For the Petitioner(s)

:

Mr. D K Daschaudhury, Adv.

For the Respondent(s)

:

Mr. Ratan Datta, PP.

Ms. S.Chakraborty, Adv.

Date of hearing

:

05.02.2021

Date of judgment

:

28.04.2021

Whether fit for reporting :

No.

B E F O R E

HON’BLE MR. JUSTICE S.G.CHATTOPADHYAY

J U D G M E N T

[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

2

Crl.Rev.P No.59 of 2018

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 entered

into an oral agreement with accused Amiya Gopal Datta and Balaram

Chowdhury for supplying 15.551 metric ton coal to 8MAA Bricks

Society9 at Rupaichari in South Tripura owned by the accused persons at

a price of Rs. 1,20,000/-. Pursuant to the said contract PW-1 supplied

15.551 MT coal to the accused persons which was transported to their

brick kilns in a truck carrying registration No TR-01-F-1702 on

21/01/2012 and the same was received by their manager Sattya Debnath

and in return the accused persons jointly issued cheque No. 172757

dated 21/08/2012 of a sum of Rs.1 lakh drawn on Tripura State

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Crl.Rev.P No.59 of 2018

Cooperative Bank Ltd. at its Manubazar branch. PW-1 presented the said

cheque for encashment to said Tripura State Co-operative Bank Ltd. at

its Manubazar branch on 21.08.2012. The cheque was dishonoured for

insufficiency of fund in the account of the accused persons and the same

was returned to PW-1 on the same day. PW-1 informed the matter to

both the accused and requested them for payment of the money. The

money was not paid to PW-1 by the petitioner and co accused Amiya

Gopal Datta. PW-1 then issued statutory notice to the accused persons

demanding payment of the money within 30 days from the date of

receipt of such notice. Said notice was dulySection received by them.

Even thereafter, they did not pay his money. PW-1 Manik Debnath,

therefore, filed a complaint under Section 138, NI Act against the

petitioner and accused Amiya Gopal Datta.

[3]

The trial court took cognizance of offence punishable under

Section 138 of the NI Act on the basis of the said complaint lodged by

Sri Manik Debnath [PW-1] and summoned the accused persons to

appear before the court. When the accused persons appeared before trial

court, learned trial judge stated the particulars of the offence to them in

terms of S