Joymalya Bagchi, J. - (1.) THE appeal is directed against the judgment and order of acquittal dated 31.08.2009 passed by the learned Judicial Magistrate 5th Court Chinsurah, Hooghly, in case No. CR -281/107 of 2007 under section 138 of the Negotiable Instruments Act, 1881. The prosecution case as alleged against the respondent is to the effect that the appellant is the maternal uncle of respondent No. 2. Respondent No. 2 is a civil contractor by profession. The appellant had extended friendly loans on various occasions to respondent No. 2 on the basis of faith and trust. The respondent No. 2 in partial discharge of such liability handed over a cheque bearing No. 075707 dated 02.07.2007 drawn on Union Bank of India for Rs. 4,00,000/ - to the appellant. The cheque on presentation was returned unpaid with the endorsement "refer to the drawer". On 31.07.2007, the appellant issued demand notice under registered post with acknowledgment due card upon the respondent calling upon the latter to make payment the value of the dishonored cheque. The notice was received by the respondent on 02.08.2007. In spite thereof the amount was not paid. Hence, the petition of complaint was filed.
(2.) THE substance of accusation was read over and explained to the respondent, who pleaded 'not guilty' and claimed to be tried. The appellant examined himself as PW 1. The respondent examined himself as DW 1.
(3.) THE defence of the appellant was one of innocence and false implication. It was his specific defence that no loan was advanced. There is no legally enforceable debt or liability in respect of which the cheque had been issued. The Trial Court after an analysis of the evidence on record, by the impugned judgment and order acquitted the respondent No. 2 of the accusation levelled against him.;