- (1.) This is a petition filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 seeking for setting aside the impugned order dated 12.12.2013 passed by the Learned Metropolitan Magistrate, 5th Court, Calcutta in case No. C-10236 of 2007 rejecting the petition dated 12.12.2013 filed by the present petitioner praying for acquittal from that case.
(2.) The aforesaid case being case No. C-10236 of 2007 was filed for offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the "Act"). The allegation is that the accused/petitioner was supplied with ceramic tiles by the complainant (O.P. No. 2 herein) price of which was Rs. 4,66,820/- and the petitioner paid Rs. 90,000/- in cash and issued a cheque dated 09.05.2007 for the balance amount of Rs. 3,77,020/- in favour of the complainant (O.P. No. 2). When it was presented for encashment it was dishonoured due to insufficiency of fund. Even after issuance of statutory notice, there was no payment. In such circumstances, the aforesaid case was filed before the Learned Trial Court. Annexure-P1 (Page 14) is the complaint of that case.
(3.) I have heard Mr. Anirban Mitra, Learned Advocate appearing for the petitioner and Mr. Amitava Deb, Learned Advocate appearing on behalf of the O.P. No. 2. I have also perused all the available materials on record including the impugned order with meticulous care.;