BARENDRA KUMAR BERA Vs. SANTANU ALIAS CHOTTAN MUKHERJEE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of acquittal passed by the learned Additional Sessions Judge, 5th Court, Paschim Midnapore passed on 12th May,. 2006 in Criminal Appeal No. 16 of 2005 reversing therein the judgment and order of conviction and sentence dated 4th October, 2005 passed by the learned Judicial Magistrate, 6th Court, Paschim Midnapore in C. R. Case no. 558 of 2004 corresponding to TR Case No. 487 of 2004 under section 138 of the Negotiable Instruments Act whereby the learned Magistrate sentenced the O. P. herein to suffer S. I. for one month and to pay Rs. 64,000/- to the complainant by way of compensation. Be it stated in the outset that the respondent has been served with notice on 12th April, 2007 as per the report of the process server but the respondent did not turn up to contest the appeal.

(2.) ON 20th September, 2004 the respondent issued, towards discharge of debt or liability, a cheque bearing No. SB-00/97 531848 for rs. 3,000/- and another cheque being No. SB. 00797 531853 for Rs. 60,000/-dated 15th August, 2004 drawn on State Bank of India, Midnapore Branch. The appellant deposited the two cheques with his banker, Punjab National bank, Midnapore Branch on 16th August, 2004 which got bounced on 17th august, 2004 on account of insufficiency of fund. A statutory notice demanding payment followed on 24th August, 2004, which the respondent allegedly received on 30th August, 2004. Payment having not been made the complaint was lodged on 20th September, 2004.

(3.) LEARNED Magistrate took cognizance of offence, issued process, and held trial by examination and cross-examination of the complainant and at the end of the trial recorded conviction against the respondent under Section 138 of the Nl Act and passed an order of sentence as above.