Shyamal Kumar Basu @ Shyamal Bose @ Shyamal Basu vs Rabindra Chandra Dhar

Kanwaljit Singh Ahluwalia, J.—Heard the learned counsel for the petitioner. The present petition has been filed u/s 482 of the Code of Criminal Procedure Praying that the judgment and order dated 17th August, 2012 passed by the Additional Sessions Judge, Fast Track Court No. 1, Sealdah, South 24 Parganas in Criminal Revision No. 10 of 2012 partly affirming the judgment and order dated 16th March, 2011 passed by the Judicial Magistrate First Class, 1st Court, Sealdah, South 24-Parganas in connection with C/620/2006. whereby petitioner was convicted for offence punishable u/s 138 of the Negotiable Instruments Act, be set aside.

The petitioner herein was tried at the instance of opposite party, Rabindra Chandra Dhar, for offence under Sec. 138 of the Negotiable Instruments Act. The court of Judicial Magistrate, 1st Court, Sealdah, South 240 Parganas held the petitioner guilt for offence u/s 138 of the N.I. Act and sentenced him as under:--

The convict is directed to pay a sum of Rs. 80,000/- to the complainant as compensation u/s 357 Cr.P.C. i/d to suffer simple imprisonment for one year.

Aggrieved against the same, petition had filed an appeal on which the lower appellate court had remitted the matter back to the court below by observing as under:--

that the Criminal Revision/Motion being No. 10 of 2012 be and the same is allowed in part on contest but without cost.

The conviction of the accused/revisionist for the offence u/s. 138 of NI Act is confirmed but the sentence portion of the judgement and the compensation awarded is set aside.

Let the case record be sent to Ld. Trial Court to pass order on the question of sentence and compensation, after affording a reasonable opportunity to both sides to submit before that Court only on the point of sentence as compensation.

Mr. Ayan Bhattacherjee appearing for the petitioner has submitted that since conviction of the petitioner has been affirmed, he has filed the present revision petition to assail the conviction recorded by the two courts below.

After hearing the learned counsel for the petitioner, the present petition is disposed of by observing as under:--

(a) Let the trial court decide the questions regarding sentence formulated by the lower appellate court within three months from the receipt of the photostat certified copy of this order.

(b) Petitioner in case is aggrieved against the order passed by the trial court, he may file fresh appeal in the court of Sessions and the appeal so filed by him, shall be decided within six months from the date of such filing.

(c) In case grievance of either of the parties survives, they may approach this Court by filing a revision petition.

Since the remand order is being upheld and pendency of this revision petition may not be construed as an impediment, the same is disposed of with liberty to the petitioner to assail the conviction in the revision petition to be filed against the orders to be passed by the courts below; at that time the revision petition filed against the conviction shall be construed within limitation. Photostat certified copy of this order, if applied for, be supplied on priority basis.