The High Court numbered that a sum of Rs.2,30,000/ was payable to the companyplainant respondent No.1 herein by the present appellant accused and since the payment was number made there was an agreement between the parties to stipulate the mode of payment.
As a security for the payment, the appellant issued three cheques.
One of the cheques was of Rs.1 lakh and that is the subject matter of present companytroversy.
Since the appellant did number appear when the matter was called, the matter was taken ex parte.
A sum of Rs.2,30,000/ was to be paid in 8 instalments and the first instalment was of a sum of Rs.50,000/ payable by 22.6.2002 and the 8th instalment of Rs.10,000/ was payable by 28.2.2003.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court dismissing the application filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 in short the Code .
Challenge in the Criminal Revision Petition was to the order passed in Criminal Appeal No.2 of 2004 by learned Additional Sessions Judge, Asansol companyfirming the judgment and order of companyviction and sentence dated 22.4.2004 passed by learned Additional Chief Judicial Magistrate, Asansol.
