Calcutta High Court (Appellete Side)
Avijit Sadhukhan vs State Of West Bengal & Anr on 13 September, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 Form No. J(1) In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy CRR No. 3103 of 2013 Avijit Sadhukhan
-vs-
State of West Bengal & Anr. For the Petitioner : Mr. Ramashis Mukherjee For the State :
Heard on:- 6th September 2013.
Judgement on:- 13th September 2013.
The petitioner was convicted under Section 138 of the Negotiable Instruments Act in a trial held before the Learned Metropolitan Magistrate, 10th Court, Calcutta and sentenced to suffer simple imprisonment for two months and directed to pay a compensation amounting to Rs. 1,10,000/- and, in default, to suffer simple imprisonment for one month.2
The said order was challenged before the Sessions Court in a criminal revision. The Learned Sessions Court dismissed the said criminal revision and upheld the conviction and sentence. The petitioner against the said order moved a criminal revision being CRR No. 475 of 2011. However, on 15th June 2011 the said application was dismissed for default. Thereafter, an application for restoration was filed, the same was also dismissed for default. In such a situation, as the petitioner did not surrender to serve out the sentence, the court below issued warrant of arrest.
I find no wrong in the said order.
This application has no merit and, accordingly, stands dismissed.
Criminal Section is directed to deliver urgent Photostat certified copy of this order to the parties, if applied for, as early as possible.
(Ashim Kumar Roy, J.) pk