Joymalya Bagchi, J. - (1.) JUDGMENT and order dated 1.8.2008 passed by the learned Judicial Magistrate, 1st Court, Sealdah, South 24 -Paraganas acquitting the opposite party from the charge of committing offence punishable under Section 138 of the Negotiable Instrument Act has been assailed.
(2.) THE case made out in the petition of complaint against the respondent is that the appellant had given an accommodation loan of Rs. 2 lakhs on undertaking that he shall pay the same within six months. The respondent had issued two cheques of Rs. 1,50,000/ - and Rs. 50,000/ - dated 20.9.2004 and 7.2.2005 respectively. The cheques on being presented for encashment were returned unpaid with the remark 'exceeds arrangement'. Demand notice was issued upon the respondent but the amount was not paid. Hence, the petition of complaint. The defence of the respondent was one of innocence and false implication. Plea was recorded under Section 251 of the Code of Criminal Procedure. The respondent pleaded 'not guilty' and claimed to be tried. It was the specific defence of the respondent that the cheques had been forcefully extorted from him and he had reported the matter promptly to the police. There was no legally enforceable debt or liability payable to the appellant in discharge whereof the cheques were issued.
(3.) IN the course of trial, the appellant examined himself as P.W. 1 whereas the respondent examined himself as D.W. 1. A number of documents were exhibited on behalf of both the parties. In conclusion of trial, the learned Trial Judge by judgment and order dated 1.8.2008 acquitted the respondent of accusation of having committed the offence punishable under Section 138 of the Negotiable Instrument Act. Hence, the present appeal.;