SUNIL KUMAR MANNA Vs. SOUMITRA DAS

JUDGEMENT

(1.) THIS appeal arose out of judgment and order dated 22.9.11 passed by the 16th Court of learned Metropolitan Magistrate at Calcutta in Case No. C/904/2007 acquitting the respondent No. 1 under Section 255(1) of the Code of Criminal Procedure from the charge under Section 138 of the Negotiable Instruments Act, 1981.

(2.) IN the background of this appeal the fact in a nutshell is that the petitioner is carrying on business at 5, Nalini Seth Road, Calcutta 700 007 whereas the accused is a proprietor having its place of business at C/o. Mira Jewellers, Vill. & P.O. Shararhat, P.S. Falta, Dist. South 24 Parganas and also at Vill. & P.O. Belsingha, P.S. Falta, Dist. South 24 Parganas. The accused in discharge of his existing liability issued one A/c. payee cheque No. 21197 dated 12.8.2007 for Rs. 3,05,117/ drawn on Allahabad Bank, Falta Br., in favour of the complainant. The said cheque was signed by the accused. The cheque was presented for encashment within the validity period to his banker, Indian Overseas Bank, Sonapatty Br., Kolkata but it was returned being dishonoured on 24.8.2007 with the remark "insufficient fund". The bank returned the memo dated 24.8.2007. The debit advice dated 29.8.2007 and the cheque deposit slip were there. The complainant sent a demand notice to the accused person on 30.3.2007 through his lawyer demanding the amount. Postal receipts were also filed. The accused did not receive the said notice dated 30.8.2007 which came back with the postal remark "refused" on 11.9.2007.

(3.) TO contest this case the complainant examined two witnesses while the number is same on the side of the accused.