ARINDAM LODH,J. - (1.)Heard Mr. J. Debbarma, learned Counsel appearing for the appellant as well as Mr. A. Acharjee, learned counsel appearing for the respondent 2. Also, heard Mr. S. Debnath, learned Additional PP appearing on behalf of the respondent No. 1.
(2.)This appeal arises out of the judgment and order of acquittal dtd. 19/11/2019 passed by learned Judicial Magistrate 1st Class, Udaipur, Gomati Tripura in Case No. CR (NI) 32 of 2018.
(3.)Briefly stated, what is emanated from the complaint that the respondent No. 2, herein, requested the complainant on 20/5/2018 to provide him a sum of Rs.2.00 lakh only as loan. Initially, the complainant was little bit hesitant, but, later on, on further request from the part of respondent No. 2, he paid Rs.2.00 lakh to him. The respondent No. 2 assured the complainant that he would return the said amount of money to him within two months from that date. It is the further plea of the complainant that the respondent No. 2 also has given a written declaration on a stamp paper of Rs.10.00 (rupees ten) only stating that he would return the amount of Rs.2.00 lakh only within two months from the date i.e. from 20/5/2018 in presence of one Sri Ranjan Dutta of Bodarmokam, Udaipur. Since, the money was not repaid, the complainant had deposited the cheque of Rs.2.00 lakh on 28/7/2018 in the account of respondent No. 2 lying with the Axis Bank Ltd., Udaipur Branch, vide S.B. A/c No. 913020015728723 through his bank i.e. Tripura Gramin Bank, Udaipur Branch, but, the cheque was dishonoured with a remark of the Branch Manager of Tripura Gramin Bank, Udaipur Branch, stating 'ACCOUNT CLOSED', which means that the respondent No. 2 had already closed his account. Thereafter, the complainant sent a demand notice to the respondent No. 2 which was also received by him, and the respondent No. 2 had replied to the said notice denying the allegations levelled against him. Thereafter, under compelling circumstances, the complainant filed the present complaint under Sec. 138 of the Negotiable Instruments Act.
;