SANJIB KUMAR GHOSH Vs. DOLON ADHIKARI AND ORS.

JUDGEMENT

(1.) I am hearing this appeal as against the judgment and order of acquittal dated 28.06.2013 as passed by the Judicial Magistrate 4th Court-cum- Judicial Magistrate, Sealdah, South 24 Paraganas in complaint case No.86 of 2011 wherein he was pleased to acquit the present respondent No.1 hereinafter called as the private respondent. I may be noted that as per order dated 12.07.2011 has passed in complain case No.86 of 2011 it was ordered by the learned Trial Court that in that case that is complaint case No.86 of 2011 he will also decide complaint case Nos.84 of 11 and 85 of 2011. It may be noted for further reference that cheque number, date and amount involved in this cases may be mentioned below:

(2.) Thus, the total amount involved was Rs.1,40,500/-. Three separate cases were filed as I have already told regarding the dishonoured all those three cheques. The common case of the complaint before the trial court was that those three cheques as mentioned above were issued by the private respondent on the dates mentioned above for the amount also mentioned above in discharge of existing liability. Those cheques were marked as Exbt. 1B, 1A and 1 respectively. Those cheques were presented by the present appellant to his banker. But, unfortunately, all the three cheques bounced with the remark either "insufficient fund" or "payment stop" by the drawer.

(3.) Thereafter, notices were issued under Section 138B of the N.I Act to the accused in respect of the three cheques but, unfortunately, original notices could not be produced before the learned trial court and only photo copies were produced and as such those were marked as X, X/1 and X/2 for identification. The returning memos were, however, marked Exbt. 2 series. A.D cards were also placed before the learned trial court but there was no postal stamp on any of the A.D cards. Those three cards were marked Exbt. 3 series. It is clear from the photo copies of the notices that those were posted to Dolan Adhikari, Beliaghata, Kolk 10, by speed post respectively vide postal receipt No. EW502206978IN, EW502207001IN and EW502206995 of such letters were posted from Kolkata G.P.O on 26,11,2010. It may be noted that no original receipt was produced before the trial court issued by the postal department regarding the posting of such notices.