SHIBU CHAKRABORTY Vs. ARTATI PODDAR

JUDGEMENT

(1.) Special Leave to appeal under section 378(4) of the Code of Criminal Procedure was granted by S.P. Rajkhowa, J. on December 9, 1993.

(2.) None appears for the Appellant. Mr. Biplab Mitra, learned Advocate, present in court asked for passing over of this matter on behalf of Mr. Chaitanya Mukherjee, learned Advocate for the petitioner in this case, as instructed by his clerk. I waited for the Counsel for Appellant for half an hour. Nobody has come. Mr. Sandip Ghoshal appears for the opposite party No. 1.

(3.) This appeal is directed against the judgment and order acquittal dated 24.9.93 passed in favour of opposite parties by 15th Court of Metropolitan Magistrate, Calcutta, presided over by N. Mondal. The case had been started against Smt. Arati Poddar by the present appellant Shibu Chakraborty on a complaint of an offence under Section 138 of the Negotiable Instruments Act, which had been committed by the opposite party No. 1 in so far as she issued an Account Payee Cheque of Rs. 25,000/- (Rupees Twenty-five thousand only) on 15.12.1989 in favour of the complainant/appellant, for consideration. The cheque, when presented, was dishonoured, twice. It was a cheque drawn on United Bank of India, Sealdah Branch, Calcutta, and had been presented twice by petitioner through his banker Allahabad Bank. Beadon Street Branch, Calcutta. The appellant sent a demand notice dated 29.1.90 to the opposite party by registered post with acknowledgement due on 30th January, 1990 at her address. The A/D was not returned. It was alleged that there were presumptions of service of notice on the opposite party by 6th February, night. She did not pay and so offence was committed by non-payment of money on 21st February, night. The complaint dated 1st March, 1990 was filed by the appellant for offence under section 138 of the Negotiable Instruments Act.