KALYAN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of judgment and order dated 6.11.2009 passed by the learned Judicial Magistrate, 4th Court, Howrah in Complaint Case No. 1150/09 (T.R. No. 246/06) which was pending before the learned Judicial Magistrate, 4th Court, Howrah thereby acquitting the Opposite Party No. 2 herein from the charge under Section 138 of the Negotiable Instruments Act.

(2.) In the background of this appeal the fact in a nutshell is that the accused person is the sole proprietor of M/s. Puspa Enterprise having its office at 113, K.G. School Road, P.S. Titagarh. It is further case of the complainant that the accused person in pursuance of an agreement dated 30.7.2002 drew a cheque in favour of the complainant No. 872297 dt. 9.9.2005 drawn on UCO Bank, Sadar Bazar Branch, Barrackpore amounting to Rs. 4,00,000/ . The complainant deposited the said cheque before the UTI Bank, Horwrah Branch but the same was dishonoured on 27.9.2005 with an endorsement "Insufficient Fund". It is alleged by the complainant that he issued a Demand notice through his Advocate under Regd. post with A/D on 25.10.2005 to the accused, asking him to pay the said amount within 15 days from the date of receipt of notice but the accused in spite of receiving the notice, on 29.10,2005 failed to comply with the same.

(3.) The accused on appearance was examined under Section 251 of the Code of Criminal Procedure.