UTTAM CHOUDHURY Vs. SUBRATA SARKAR

JUDGEMENT

(1.) This is an appeal under Sec. 378(4) Cr.P.C. against the judgment dtd. 18/9/2017 passed by the learned Chief Judicial Magistrate, South Tripura, Belonia in case No. N.I. 07 of 2015, acquitting the respondent no. 1 from the charge under Sec. 138 of the Negotiable Instruments Act, 1988.

(2.) The facts of the case, as projected by the learned Chief Judicial Magistrate, are reproduced hereunder:-

(3.) Being summoned, the accused-respondent (here-in-after referred to as the respondent) appeared before the learned court and contested the claim of the complainant. The learned court taking cognizance of the complaint had framed charge against the respondent. The complainant had led evidence. He was cross-examined by the respondent. In defence, the respondent also had produced three witnesses including himself.