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TMI Blog2023 (8) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... Complaint Case No. 537 of 2015 in the proceeding under Section 138 of the Negotiable Instrument Act, 1981. 2. The petitioner's case is that on 26.02.2016 the opposite party no. 1 filed an application in the Court of the Judicial Magistrate, 3rd Court, Suri, under Section 138 of the Negotiable Instrument Act, 1981 against the petitioner alleging the facts that he is a trader and general order supplier carrying on business in the name and style as "Sunny Traders" situated at Sontsal. He further alleged that he supplied stone chips valued at Rs.6,74,999/- which the petitioner has received on 08.04.2014 vide invoice Bill No. 440/2014-15 against the said stone chips the petitioner issued an Account Payee Cheque on 23.09.2015. He deposited the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this judgment be given to the convict free of cost". 5. Challenging the legality and validity of the said judgment and order dated 19.02.2019 an appeal was filed in the Court of the Learned Sessions Judge, Birbhum, being Criminal Appeal No. 28 of 2019. 6. After hearing, the Learned Sessions Judge was pleased to dismiss the appeal and affirm the judgment and order of the trial court. 7. Mr. Bhaskar Seth, learned counsel for the petitioner has submitted that the order impugned passed in Complaint Case No. 537 of 2015 is illegal, bad and not sustainable in the eye of law. 8. Written notes of argument has been filed on behalf of the petitioner submitting that the complainant/opposite party no. 1 did not file the complaint in its proper form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn the complainant has to prove that he is the sole proprietor of the said concern. 14. Mr. Abdur Rakib, learned counsel for the opposite party no. 1 has also filed his written notes of argument on behalf of the opposite party no. 1 stating therein that:- (i) The opposite party no. 1 is the complainant and is a trader and general order supplier carrying on business in the name and style of as "Sunny Traders" situated at Sontsal and as the cheque in the present case, issued in favour of "Sunny Traders" was dishonoured, the complainant initiated proceedings under Section 138 of the N.I. Act. 15. After consideration of evidence adduced by the opposite party no. 1/complainant as well as the petitioner/accused, the Learned Judicial Magistrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Burdwan, West Bengal. (b) The complainant/opposite party no. 1 deposited the said account payee cheque in the S/B A/C of "Sunny Traders" on 09.11.2015 at Axis Bank, Suri Branch but the same was returned unpaid on 11.11.2015, the reason being that the said account was closed. (c) The complainant/opposite party no. 1 thereafter issued a legal notice, thereby asking the petitioner/accused to make the payment of cheque amount with additional cost of Rs.850/-, upon the petitioner/accused on 18.11.2015 and the legal notice was duly received by the petitioner/accused on 26.11.2015 but in spite of receipt of such Demand Notice, the petitioner/accused did not make any payment to the complainant/opposite party no. 1 within the stipulated period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in accordance with law, requires no interference by this court and is affirmed. 25. The revisional application being CRR 726 of 2020 is dismissed. 26. The petitioner is directed to comply with the judgment and order dated 29th November, 2019 passed by the Learned Sessions Judge, Birbhum, passed in Criminal Appeal No. 28 of 2019 arising out of the judgment and order dated 19.02.2019 passed by the Judicial Magistrate, 3rd Court, Suri, Birbhum, in Complaint Case No. 537 of 2015 in the proceeding under Section 138 of the Negotiable Instrument Act, 1981, within one month from the date of this order in default to suffer the sentence in default of fine. 27. All connected applications, if any, stands disposed of. 28. Interim order, if any, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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