SHIKA BHATTACHARJEE Vs. SANJIB DAS

JUDGEMENT

(1.) The instant appeal has arisen against judgment and order dtd. 19/11/2018 passed in complaint case no. 348C of 2015 by the learned judicial magistrate 6th court Howrah. The trial court by the said impugned judgement acquitted the accused in a proceeding under Sec. 138 of the Negotiable Instrument Act (in short N.I Act).

(2.) The complainant/appellant herein had preferred a complaint before the trial court contending that the accused was milk man in the complainant's house. Due to urgent need of his business, the complainant and her husband gave Rs.2,30,000.00 to the accused on different occasion between June 2005 to December 2005 on the assurance of the accused that the same shall be returned within short span of time. The complainant's further case is that the said amount was given to the accused on good faith and she noted all the dates on which she had paid the amount to said accused in her daily note book, which has been marked as exhibit 9 in the present case.

(3.) In discharge of his existing legal debts and/or liability, the accused in the first week of 2007 issued two account payee post-dated cheques being no 055459 dtd. 21/12/2007 for Rs.1,50,000.00 which is marked exhibit-1 and another cheque being no. 055460 dtd. 8/2/2008 for Rs.80,000.00 which is marked as exhibit 2 in favour of the complaint. Thereafter the complainant deposited the said account payee cheques with her banker but both the cheques were dishonoured with the endorsement "account number closed" and said cheque return memo dtd. 14/2/2008 and 16/2/2008 are marked as exhibit 3 and 4. The complainant/appellant herein sent demand notice under registered post with A/D card on 10/3/2008 and it was received on behalf of the accused on 24/3/2008 and copy of said notice and postal acknowledgment are marked exhibit 5, 5/1, 5/2. The allegation of the complainant is that despite receipt of the legal notice, the accused failed to pay the amount within the stipulated period and as such above mentioned complaint case was initiated by the complainant on 30/4/2008. During the course of trial, complainant examined herself as PW-1 and her husband deposed as PW-3 and one dealing assistant of Kashundia Co. Operative Bank has deposed has P.W-2. The accused/respondent was examined under sec. 313 Cr.P.C, where his only plea is that he is innocent. However the accused did not adduce any evidence on his behalf.