- (1.) This appeal arose out of judgment and order dated 28.6.2011 passed by the learned Metropolitan Magistrate, 10th Court, Calcutta in No. case No. C-408 of 2003 thereby finding the accused Opposite Party not guilty of charge for commission of offence punishable under section 138 of the Negotiable Instruments Act, 1881 and acquitting him of the instant case. In the background of this appeal the fact in a nutshell is that the complainant is one of the leading finance companies in W. Ben. for financing taxis and two-wheelers. The accused is one of the partners of M/s. Andul Auto Centre. He entered into a business with the complainant and incurred a liability thereof for which he issued three cheques worth Rs. 1,50,000/- each. Those cheques have been subsequently dishonoured. The demand notice was issued to the accused but in vain.
(2.) The accused appeared. He was examined under section 251 of the Code of Criminal Procedure. Substance of accusation was read over and explained to him. He pleaded not guilty and claimed to be tried.
(3.) The prosecution examined a solitary witness while the defence side examined none. However, the accused was examined under section 313 of the Code of Criminal Procedure. The defence case was denial of offence with a plea of innocence.;