DIPAK KUMAR SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal challenges the judgement and order passed by learned 9th Court of Judicial Magistrate, Alipore, 24-Parganas (South) in connection with the Complaint Case No. C 2532 of 2003, corresponding to TR No.730 of 2003. By the impugned judgement learned Trial Court recorded an order of acquittal in a proceeding under Sec. 138 of the NI Act.

(2.) Mr. Shataroop Purkayastha, learned counsel for the appellant assailing the impugned judgement submits that learned Trial Court failed to appreciate the evidence on record in its proper perspective and the judgement is the outcome of absolute misreading of evidence. It is contended by Mr. Purkayastha that Sri Soumen De and Smt. Paramita De, took a sum of Rs.8,60,000.00 from the Appellant as loan. Soumen De issued a cheque vide No.612517 dtd. 2/1/2003 drawn on State Bank of India, Esplanade Branch in discharge of their liability to repay the same. The cheque was presented to the State Bank of Hyderabad, Sarat Bose Road Branch which was returned dishonoured for insufficient fund. Statutory notice was given to the drawer of the cheque under Sec. 138 (b) of the NI Act, by the holder of the cheque, the Appellant herein, calling upon the drawer to pay the said money, but it was not adhered to. Hence, the petition of complaint was filed under Sec. 138 of the NI Act.

(3.) Learned trial court after complying with the provision of Sec. 200 of the code of criminal procedure, issued process upon the accused persons who surrendered to the jurisdiction of learned trial court. Accused Soumen De stood the trial pleading his innocence