RAJCO STEEL ENTERPRISES Vs. KAVITA SARAFF

JUDGEMENT

(1.) The complainant, in a proceeding under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as "the N.I. Act") has filed the present appeal. Vide judgment and order dated June 29, 2016, the Magistrate held that the respondent-accused was guilty of committing an offence punishable under Section 138 of the N.I. Act and to convict her under Section 255(2) of the Code of Criminal Procedure (for short "the CRPC"), sentencing her to suffer simple imprisonment for six (06) months and directing her to pay to the complainant Rs.1,90,00,000/- as compensation under Section 357(3) of the CRPC within one (01) month from the date of the judgment and order; in default, the accused was to undergo a further term of simple imprisonment for one (01) year.

(2.) The accused-respondent preferred an appeal against the said order of the magistrate. Ultimately, vide judgement and order dated May 18, 2017, the Additional District and Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Calcutta set aside the order of conviction dated June 29, 2016 and acquitted the accused-respondent.

(3.) The present appeal has been preferred against the said judgment of acquittal.