ASOK KUMAR DE Vs. PIJUSH PAL

JUDGEMENT

(1.) THE judgment and order dated 31.05.2010 passed by the learned Judicial Magistrate, (1st Class) 1st Court, Garhbeta, Paschim Medinipur in C.R. No. 4 of 2009 acquitting the appellant for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881, has been assailed.

(2.) THE prosecution case as made out against the respondent is as follows:

(3.) THE appellant sold potatoes worth of Rs.10.20 lakhs to the respondent on credit on 07.04.2008. The respondent promised that he would pay the amount by December, 2008. Accordingly, the respondent issued a cheque of Rs.10.20 lakhs drawn on Mallabhum Gramin Bank bearing No. 322812 dated 10.12.2008 in discharge of such liability. The said cheque was returned unpaid with the remark 'insufficient fund'. Notice was issued upon the respondent within the stipulated time. In spite of receipt of notice, respondent failed to pay the cheque amount. Hence the criminal case. The accused pleaded 'not guilty' and claimed to be tried. In course of trial, the prosecution examined three witnesses including the appellant. The defence of the respondent was one of innocence and false implication. It was his specific defence that there was no legally enforceable debt or liability to the tune of Rs.10.20 lakhs. The respondent admitted he had taken a loan of Rs.20,000/ - from the appellant in 2004 and had issued a blank cheque as a security for such loan transaction. Such cheque was illegally filled up for the aforesaid amount and was dishonored. In support of his case he examined himself and one Kinkar Kundu as witness. In conclusion of trial, the trial court by judgment and order dated 31.05.2010 acquitted the respondent of the charge levelled against him.