SADHAN MONDOL Vs. ARUP BISWAS

JUDGEMENT

(1.) The revision is against an order dtd. 7/3/2020 passed by Learned Judicial Magistrate, at Tehatta, Nadia, rejecting the prayer of the petitioner under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act as not maintainable in connection with Complaint Case No. 160 of 2019 though the Learned Additional Chief Judicial Magistrate, Tehatta, Nadia by an order dtd. 4/9/2019 took cognizance on the petition of complaint under Sec. 138 and read with Sec. 142 of the N.I. Act, 1881 (TR - 1203/19) and transferred the same to the Learned Judicial Magistrate, Tehatta, Nadia for trial;

(2.) The complainant/petitioner's case in short is that in discharge of liabilities in respect of a loan to the tune of Rs.5,00,000.00 (Rupees Five Lacs) only for the treatment of the accused/opposite party no. 1's wife in April, 2019, the accused person i.e. Arup Biswas issued two cheques being No. 644517 dtd. 6/5/2019 for Rs.2,40,000.00 (Rupees Two Lacs Forty Thousand) and another cheque No. 64418 dtd. 11/5/2019 for Rs.2,60,000.00 (Rupees Two Lacs Sixty Thousand) drawn on United Bank of India, Tehatta Branch, Nadia.

(3.) The complainant deposited the said two cheques with his Bank United Bank of India, Tehatta Branch, Nadia on 24/5/2019, within its validity period for encashment. The said two cheques were dishonoured and was returned with return Memo on 27/5/2019 with revealed "Funds insufficient".