KULDIP SINGH Vs. G. S. ATWAL AND COMPANY

JUDGEMENT

(1.) The present appeal against acquittal has been preferred against the Judgment and Order dtd. 3/2/2016 passed by the learned Judicial Magistrate, 1 Class, 4 Court, Asansol in connection with C. Case No. 357 of 2002 (T.R. No. 86 of 2006), thereby acquitting the accuseds/respondents of the charge under Sec. 138 of the Negotiable Instruments Act. Appellant's Case

(2.) Mr. Milon Mukherjee, learned senior counsel for the appellant, has submitted, that the appellant/complainant's case is that the appellant is the sole proprietor of a business concern named and styled as M/s. Kuldip Service Station situated at G.T. Road, Chanda, Post Office Kali Paharia, Police Station Jamuria, District-Burdwan, dealing with petrol, diesel and lubricants and maintains one current account being No. CC 1056 with Dena Bank, Asansol Branch.

(3.) The accused persons are partners of a concern named and styled as M/s. G. S. Atwal and Co. That in course of running their business the accuseds/respondents used to purchase various kinds of petrol, diesel and lubricants on credit from the appellant and in lieu of such business, the accused persons issued a cheque bearing Cheque No. CAB00/148317/072 dtd. 25/4/2002 drawn on State Bank of India, Asansol Bazar Branch for Rs.35.00 lakhs in favour of the appellant's firm on behalf of the respondent no. 1 company towards part payment of petroleum products.