MADHU JYOSTNA MARJARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dtd. 18/5/2022 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta in Case No.CS-55539 of 2016 under Sec. 138 of the Negotiable Instruments Act.

(2.) Mr. Manik Lal Poddar, learned advocate appearing for the appellant drew the attention of this Court to the order dtd. 18/5/2022 wherein the learned Magistrate was pleased to acquit the accused person under Sec. 256(1) of the Code of Criminal Procedure.

(3.) Pursuant to the order dtd. 8/8/2022, the Inspector-in-Charge, Kharagpur Town Police Station submitted a report wherein it has been contended that the police authorities had been at the address provided in the cause title. However, it was informed to them that the respondent no.2 has left the house long back. The police authorities tried to serve upon the father of respondent no.2, that is, Avijit Bagchi, but he refused to receive the same, as the whereabouts of the respondent no.2 was not known to him.