Sudhir Ranjan Dhara v. State

01.12.2022 SB Ct. No.236 CRR 3206 of 2005 In the matter of : Sudhir Ranjan Dhara Mr. S. Sarkar ... for the petitioner Mr. N.P. Agarwala Mr. P. Bose ... for the State This criminal revision is directed against the judgement passed by the learned Additional Sessions Judge, 1st Court, Siliguri in Criminal Appeal No. 13(S) /2003 whereby learned Appellate Court was pleased to uphold the order of conviction passed by the learned Judicial Magistrate, 1st Court, Siliguri in C.R. Case No. 240 of 2001 under Section 138 of N.I. Act. The petitioner before this Court was held guilty for committing an offence under Section 138 of N.I. Act and was sentenced to suffer S.I. for six months and to pay a fine of Rs.5,000/- with a default clause to pay a sum of Rs.1,50,000/- as compensation.

Mr. Sarkar, learned counsel representing the petitioner is before the Court.

Having perused the impugned judgement and order, I do not find any good reason to exercise my inherent jurisdiction to undo the order of conviction ignoring concurrent findings of the learned Courts below based on adequate evidence. The criminal revision merits no consideration and is dismissed without any order as to costs.

The copy of the order be sent down to the learned Trial Court for information and necessary action.

The parties shall act upon the server copy duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, upon completion of requisite formalities. (Siddhartha Roy Chowdhury, J.)