SUDIP PAUL Vs. SUJATA SAHA

JUDGEMENT

(1.) Heard Mr. Ratan Datta, learned Public Prosecutor and Mr. R. G. Chakraborty, learned counsel appearing for the respondents.

(2.) This criminal appeal has been filed under Sec. - 378(2) of the Code of Criminal Procedure is directed against the judgment and order dtd. 4/1/2021, passed by the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in connection with Case No. N.I. 309 of 2014, whereby and whereunder, the learned Court below acquitted the respondent No.1 for committing offence punishable under Sec. -138 of Negotiable Instrument Act, 1881.

(3.) The prosecution story, in brief, is that the respondent-accused No.1 had issued a cheque bearing No.153014 dtd. 11/9/2014 drawn on Stae Bank of India, Agartala Bazar Branch amounting to Rs.10,00,000.00 in favour of the complainant-appellant herein for discharge of her debt from her account No.30283542935 and the complainant had presented the said cheque in U.C.O Bank, Agartala Branch on 12/9/2014 but the said cheque was bounced on 15/9/2014 unpaid due to refer to drawer. Thereafter, the complainantappellant herein, had informed the respondent-accused person about the returned of her cheque while the respondent-accused then requested the complainant to deposit the same after few days.