Decided on January 10,2022

Uttam Choudhury Appellant


Arindam Lodh, J. - (1.)This is an appeal under Sec. 378(4) Cr.P.C. against the judgment dtd. 18/9/2017 passed by the learned Chief Judicial Magistrate, South Tripura, Belonia in case No. N.I. 07 of 2015, acquitting the respondent no. 1 from the charge under Sec. 138 of the Negotiable Instruments Act, 1988.
(2.)The facts of the case, as projected by the learned Chief Judicial Magistrate, are reproduced hereunder:-
"The complainant by way of his complaint lodged his grievances wherein he stated that owing to a good and friendly relation, he gave the accused a loan for an amount of Rs.14,00,000.00. It is stated that in discharge of the said liability, the accused provided the complainant a Cheque bearing 648416 dtd. 4/2/2015 of Tripura State Cooperative Bank, Belonia Branch which was presented by the later before the State Bank of India, Belonia Branch for collections through his account lying with the same. The complainant alleged that on 30/4/2015, the State Bank of India, Belonia Branch returned the said Cheque in favour of the complainant with a Memo stating that the same was dishonoured due to insufficient fund in the account of the accused. Owing the above, the complainant stated to have served one notice upon the accused asking him to pay the concerned amount within 15 days from the date of receipt of the same but the accused did not even bother to reply nor made any payment of the amount due. Thus, the complainant stated to have lodged the instant Case being aggrieved with the acts and omissions of the accused".

(3.)Being summoned, the accused-respondent (here-in-after referred to as the respondent) appeared before the learned court and contested the claim of the complainant. The learned court taking cognizance of the complaint had framed charge against the respondent. The complainant had led evidence. He was cross-examined by the respondent. In defence, the respondent also had produced three witnesses including himself.

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