SAJAL GUHA Vs. SIMAMDA GURI

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal dated 31.5.2010 passed by the learned Additional District Judge, Fast Track, 2nd Court at Alipore in Criminal Appeal No. 15 of 2008 thereby setting aside the judgment of conviction passed by the learned Magistrate on 2.4.2008 against the respondent Sunanda Guin in Complaint Case No. 5842 of 2004 under Section 138 of the N. I. Act.

(2.) Sajal Guha, the appellant herein lodged one complaint in the Court of the learned Sub Divisional Judicial Magistrate at Alipore alleging therein that he was a licensed money lender and from September, 2003 to 22.1.2004, time to time, the opposite party/respondent Smt. Sunanda Guin had taken a total sum of Rs. 1,00,000/- as loan. Since November, 2003 to 12.4.2004, she had also taken a sum of Rs. 1,20,000/- partly in cash and partly in cheque. Thereby, she had taken total loan of Rs. 2,20,000/- from Sajal Guha. In discharge of her such liability to repay the said loan, on 22.1.2004 and on 12.4.2004, Sunanda issued two post-dated account payee cheques in favour of Sajal Guha of Rs. 1,00,000/- and Rs. 1,20,000/- respectively which he presented with his banker United Bank of India, Sonarpur Branch on 5.10.2004. On 14.10.2004, his banker informed him through Bank memo dated 7.10.2004 that both the cheques were dishonoured as funds were insufficient. On 3.11.2004, Sajal Guha, the complainant sent demand notice through his Advocate under registered post with A/D asking Sunanda to pay total loan amount of Rs. 2,20,000/- covered by the cheques within a period of 15 days from the date of receipt of the notice. The said notice of demand was returned back with postal remark "not claimed". Another notice which was sent on the same date to the office address of Sunanda Guin was duly received by her on 5.11.2004.

(3.) She failed and neglected to repay the cheque amount despite receiving of the demand notice. But sent a reply thereto through one Advocate making some concocted statements. Sajal Guha also mentioned in his petition of complaint that on 22.1.2004 and 12.4.2004, Sunanda executed two separate documents admitting the aforesaid two separate loans and issuance of cheques in favour of the petitioner with an undertaking to repay the said loan to him along with interest at the rate of 2% per month on principal amount.