SRI RAJU SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal:-

(2.) Due to financial scarcity, the petitioner gave interest free accommodation loan to the respondent No.2 and the respondent No.2 issued four cheques to discharge his liability against the said accommodation loan. The Respondent No.2 issued cheque No. 756742 dated February 10, 2014 of Rs.2,00,000.00; Cheque No. 042350 dated February 10, 2014 of Rs.1,00,000.00; Cheque No. 756750 dated February 12, 2014 of Rs.1,00,000.00 and Cheque No. 756754 dated February 12, 2014 of Rs.90,000.00 total amounting to Rs.4,90,000.00. All Cheques were drawn on ICICI Bank Ltd., R.N. Mukherjee Road Branch, Kolkata, in favour of the petitioner and the petitioner deposited the Cheques with Indian Overseas Bank, Strand Road Branch, Kolkata for encashment but the Cheques were returned with the remark 'Fund Insufficient' as per Bank Memo dated February 15, 2014. The petitioner sent a demand notice dated February 25, 2014 and the said notice was served upon the respondent on February 26, 2014 but the respondent No. 2 failed and neglected to make the payment. Accordingly, the Respondent No.2 committed an offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) The petitioner submits that the Learned Magistrate passed an order of acquittal, on the ground that the debt is not legally enforceable against the accused person because the complainant did not produce any document to show that the said amount of loan was shown in the Income Tax file.