RAHUL ENTERPRISE Vs. A.B. CONSTRUCTION

JUDGEMENT

(1.) This is an appeal with Special Leave of the Court and challenge in this appeal is to the judgement of acquittal passed by learned Chief Judicial Magistrate, Malda in Case No. 600C/2003 on 17/12/2017.

(2.) Briefly stated, Subhrangshu Das, the proprietor of M/s Rahul Enterprise filed a petition of complaint before the learned Chief Judicial Magistrate, Malda under Sec. 138 of the Negotiable Instrument Act against M/s A.B. Construction being represented by its proprietor Ajay Basu contending, inter alia, that in discharge of the liability in connection with the purchase of a tractor by a party, the accused person issued a cheque of Rs.3,23,600.00 in favour of the complainant drawn on Oriental Bank of Commerce which was presented to Punjab National Bank, Malda Branch. The cheque was returned with the endorsement "payment stopped by the borrower".

(3.) This case has chequered history. Earlier the petition of complaint was disposed of by judgement and order of conviction passed by learned Chief Judicial Magistrate, Malda on 19/6/2011. Said judgement was challenged in an appeal before the learned Additional District and Sessions Judge, 5th Court, Malda. Learned Appellate Court was pleased to set aside the judgement and order of conviction passed by learned Trial Court. The complainant challenged that order of the Appellate Court before this Hon'ble Court being CRA 504 of 2013 and the Co-ordinate Bench of this Court was pleased to set aside the judgement passed in the Criminal Appeal No. 7 of 2014 by learned Additional District and Sessions Judge, 5th Court, Malda and sent back the case on remand, with the direction upon the learned Trial Court to allow the complainant to lead further evidence to prove that Subhrangshu Das is the sole proprietor of the appellant. Pursuant to that order, the appellant was allowed to adduce evidence and learned Chief Judicial Magistrate, Malda was pleased to pass the judgement impugned after complying with the order passed in CRA 504 of 2013. An order of acquittal was recorded by the learned Trial Court.