(1.) This appeal under Section 378(4) of the Code of Criminal procedure, 1973(hereinafter mentioned as Cr.P.C.) is directed against the judgment and order of acquittal, dated 30.03.2007, passed by learned Judicial Magistrate, First Class, Court No.1, Agartala, West Tripura, in Case No. C.R. 2141 of 2005.
(2.) Heard learned counsel, Mr. R. Chakraborty for the appellant and learned counsel, Mr. B. Nandi Majumder for respondent No.1. None appeared for respondent No.2.
(3.) Brief fact is that respondent No.1(hereinafter mentioned as the accused ), in the 1 st part of September, 2004 requested the appellant(hereinafter mentioned as the complainant ) to lend her Rs.2,50,000/- for her business purpose. Pursuant to such request, the complainant lent the accused an amount of Rs.2,31,000/- on condition that she will return the amount within six months. In terms thereof towards repayment of the loan amount the accused issued two cheques, bearing No.0460378 dated 08.12.2004 for Rs.48,000/- and No.0460380 dated 27.01.2005 for Rs.1,83,000/-, drawn on Tripura Gramin Bank, Agartala Branch in favour of the complainant. On 11.02.2005 complainant tendered those cheques to the Cooperative Urban Bank Ltd., Agartala Branch where he maintained his account. On 02.04.2005 he was informed by his bank that the cheques issued by the accused were dishonoured on the ground of insufficiency of fund. On 04.04.2005, the complainant issued notice to the accused informing her dishonour of the cheques and also asked her to inform within three days from the date of receipt of the notice as to when and in what manner she will return the amount of Rs.2,31,000/-. It is the further case of the complainant that the accused received notice on 05.04.2005 but she remained silent and did neither repay the amount nor inform him anything. Thereafter, being compelled, the complainant filed the complaint before the learned Chief Judicial Magistrate, Agartala, West Tripura praying for punishment of the accused under Section 138 of the N.I. Act and also under Section 420 of IPC.