AJOY SARKAR Vs. ARINDAM CHOUDHURY

JUDGEMENT

(1.) Heard Mr. D. Bhattacharjee, learned counsel appearing for the appellant as well as Mr. A. Acharjee, learned counsel appearing for the respondent.

(2.) This is an appeal under Sec. 378(4) of the Cr.P.C. from the judgment and order of acquittal dtd. 16/9/2017 delivered in CR (NI) 58 of 2016 by the Chief Judicial Magistrate, Gomati District, Udaipur.

(3.) The allegation in the complaint filed under Sec. 138 of the Negotiable Instrument Act was that to discharge the legal liability, the respondent issued a cheque bearing No. 021789 dtd. 16/6/2016 for an amount of Rs.80,000.00 (rupees eighty thousand) on his SB A/C No. 1198010104916 in the UBI Bank, Killa Branch, Gomati Tripura. But when the said cheque was presented for encashment on 21/6/2016 in the same bank, the said cheque had bounced for insufficiency of fund.