SAJAL GUHA Vs. MANIKLAL GHOSH

JUDGEMENT

(1.) I am hearing this appeal as against the judgment and order of acquittal as passed by the learned Judicial Magistrate, Baruipur, South 24 Parganas in Complaint Case No. 435 of 2006 disposed of by that Court on 22nd April, 2008 in which the learned Trial Court was pleased to acquit the present respondent in respect of the charge under Section 138 of Negotiable Instruments Act.

(2.) THE case before the Trial Court for the purpose of appreciation of this appeal can be stated in brief thus:

(3.) AT the time of hearing of the argument, it was submitted by the learned Advocate appearing on behalf of the appellant that all the ingredients of Section 138 of the N.I. Act was fulfilled through evidence both oral and documentary and, as such the order of acquittal be reversed and substantive sentence be imposed on the accused respondent including the amount of compensation under Section 357 of the Cr.P.C. to suitably compensate the appellant.