Tapash Mookherjee, J. - (1.) The present appeal under Sec. 378(4) of the Code of Criminal Procedure on special leave by this Court is against an order of acquittal passed on 29.06.2013 by the Metropolitan Magistrate, 6th Court, Calcutta in Case No. C -15450/2011. The case was under Sec. 138 of the Negotiable Instruments Act (hereinafter described in short as N.I. Act).
(2.) Some relevant facts necessary for the decision of the appeal, in short, are stated below: -
(3.) Jupiter Brokerage Services Ltd. a Public Limited Company, hereinafter described as the appellant/company was the complainant in the case before the Court of the Magistrate and Ektara Exports Pvt. Ltd. and its two directors, namely, Mahendra Kumar Patni and Anjani Kumar Shahi hereinafter described as the respondents/accused were the accused in the case. Both the aforesaid companies have their respective offices in the same premises at Shakespeare Sarani, Calcutta. It has been alleged by the appellant/complainant that the respondents/accused company to discharge its existing liabilities issued five cheques amounting to Rs. 2,50,00,000.00 (Rupees Two Crores Fifty Lack only) in total, in favour of the appellant/complainant. All those cheques were drawn on Allahabad Bank, Elgin Road Branch, Calcutta. According to the appellant/complainant all those five cheques were deposited in due course within the time, in the account of the appellant/complainant. All those cheques were dishonoured and returned with note "insufficient fund" and the appellant/complainant received such information on 02.05.2011. Immediately thereafter, appellant/complainant sent a demand notice to the respondents/accused on 10.05.2011. The said demand notice was duly served upon the respondents/accused company on 12.05.2011. But in spite of such notice the respondents/accused failed and neglected to pay the amount in the cheques dishonoured. Nor had they sent any reply to the notice. Hence, the appellant/complainant filed the present case in the Court of the Chief Metropolitan Magistrate, Calcutta under Sec. 138 of the N.I. Act.;