TANMOY GHORAI Vs. SIBAPRASAD JANA

JUDGEMENT

(1.) In this revision application the judgement and order dtd. 20/8/2015 passed by Learned Additional Sessions Judge, Fast Tract Second Court, Tamluk, Purbar Medinipur has assailed. By the impugned judgement in Criminal Appeal no. 05 of 2016 affirmed the judgment and order dtd. 29/4/2015 whereby Ld. Judicial Magistrate, 2nd Court acquitted the opposite party/accused in connection with CR case 358 of 2009.

(2.) According to complainant / petitioner accused/opposite party took loan of Rs.2,00,000.00 owing to good relation between the parties, on condition to repay the loan amount as and when demanded. Subsequently, accused / opposite party issued three cheques dtd. 15/6/2009 drawn on Punjab National Bank, to satisfy the entire loan amount. Thereafter, petitioner/ complainant presented those cheques for enchasment on 4/7/2009 to his bank. All three checks were dishonoured by the bank for insufficient fund. Complainant/petitioner communicated legal notice demanding the money on 13/7/2009 but the accused/ opposite party did not make any payment in spite of receiving notice. In effect one application under Sec. 138 of the Negotiable Instruments Act, 1981(hereinafter referred to as NI Act) was filed.

(3.) Learned Judicial Magistrate, Second Court, Tamluk, Purba Medinipur disposed of the application by passing the judgement of acquittal holding inter alia that complainant/petitioner could not produce any document whatsoever. Moreso, Lakshan Maity (DW2) denied any such loan transaction between the parties in spite of his presence affirmed by PW 1 (complainant / petitioner) at the time of loan transaction. That is why, Ld. Magistrate did not pry into the track of rebuttable presumption under Sec. 139 of the NI Act and passed and order of acquittal under Sec. 252(1) of CrPC.