SANJIB KUMAR GHOSH Vs. DOLON ADHIKARI AND ORS.

JUDGEMENT

(1.) THIS appeal has been directed as against the judgment and order of acquittal 28.06.13 passed by the Judicial Magistrate, 4th Court cum Railway Magistrate, Sealdah in Complaint Case No. C/87/11 under Section 138 of the N.I. Act in which he was pleased to acquit the accused in respect of the charge.

(2.) THE case before the Trial Court can be summarized thus; -

(3.) THE accused did not face the dock. On his behalf one sheet of paper written by the complainant was marked as Exbt. A. The accused was examined under Section 313 of the Cr. P.C. The case as made out by the accused before the Trial Court was that he issued the cheque but did not do so in discharge of existing liability. The accused did not deny that he did not issue the said cheque or that he did not receive any demand notice. The learned Trial Court in its judgment acquitted the accused only on the ground that Exbt. 4 did not bear any postal stamp and that Exbt. 3 was a photocopy of the demand notice. Regarding other aspect of the claim, the learned Trial Court held that "from the above analysis I have strong reservation to accept the claim of the defence that complainant is a professional money lender". (Internal Page No. 7 of the judgment).