- (1.) This appeal arose out of judgment and order of acquittal dated 23.09.2008 passed by learned Metropolitan Magistrate, 13th Court, Calcutta in T.R. No. 843 of 2007 arising out of Case No. C/8757/07 under Section 138 of the N.I. Act and thereby acquitting the accused.
(2.) In the background of this appeal, the fact in a nutshell is as follows:- A written complaint dated 25.05.2007 was filed by one M/s M.L. Roy & Co. (Neycer Dept), Pvt. Ltd. through its representative Mr. Sujoy Roy, Director at the Court of learned Chief Metropolitan Magistrate, Kolkata. On 01.06.2007 the case was received on transfer for disposal by the Trial Court. Sujoy Roy was examined under Section 200 of the Code of Criminal Procedure. Summonses were issued against the accused person.
(3.) The accused persons entered appearance and he was examined under Section 251 of the Code of Criminal Procedure. The substance of accusation were read over and explained to him. He pleaded not guilty.;