- (1.) This appeal has been preferred as against the judgement of acquittal under Section 374(4) of the Code of Criminal Procedure after taking leave of this Court. The judgement was passed on 24th August, 2011 by the learned Metropolitan Magistrate, 3rd Court, Calcutta, in Complaint Case No.10866 of 2004.
(2.) The fact relevant for the purpose of the appeal can be stated below :
(3.) That the complainant, I repeat West Bengal Scheduled Castes & Scheduled Tribes Development & Finance Corporation is a statutory Corporation of the State of West Bengal having its head office in Calcutta. The accused is a resident of Raiganj within the district of Uttar Dinajpur and he approached the complainant/Corporation for a term loan which was sanctioned in his favour and it was agreed that the long amount would be repaid by the present respondent/borrower in instalments. It was further case of the present appellant before the Trial Court that in order to discharge this loan liability, the accused issued a cheque in favour of this Corporation to the tune of Rs.2,96, 548/- which was drawn on Punjab National Bank, Raiganj, Uttar Dinajpur Branch. The complainant/Corporation's banker was the State Bank of India, Raiganj Branch. When the party had presented the cheque given by the respondent/accused for clearing within the validity period it was dishonoured as fund was insufficient. The news of such dishonour reached the payee on 30-07-2004 and demand notice was issued by Registered Post with A/D which was duly served upon addressee on 23-08-2004 but as no payment was made, this complaint was filed before the learned Chief Metropolitan Magistrate, Calcutta on 28-09- 2004. After much deliberation, on examination of witnesses, perusal of documents and hearing of argument, the learned Trial Court was pleased to held that the said court had no jurisdiction to try the case. The learned Trial Court relied upon several decisions of the Apex Court to substantiate its contention.;