- (1.) The hearing stems from an appeal preferred against the judgment and order dated 30.05.2001 passed by the learned Metropolitan Magistrate, 5th Court, Calcutta in Case No. C. 672/95 (T.R.No. 352/95) under Section 138 read with Section 141 of the Negotiable Instruments Aqt acquitting the accused persons.
(2.) Shortly put, the prosecution case is that the complainant filed a complaint being registered as Case No. C-672/95 under Section 138 read with Section 141 of the Negotiable Instruments Act inter alia alleging that accused No. 1 is a partnership firm and, accused Nos. 2 to 4 being partners of the same are responsible for the day to day conduct of the business of the said firm. In discharge of their liabilities the accused persons issued an account payee cheque bearing No. 014123 dated 28.03.95 for Rs.1,89,363.54 p. drawn on U.B.I., Santoshpur Branch, Calcutta-700 032. After presentation of the said cheque by the complainant to its banker Bank of India, Calcutta Main Branch, Calcutta 700 001, it was returned on 25.04.95 with the remark "Insufficiency of funds". Despite the notice dated 04.05.95 sent by the complainant, the accused persons failed to pay any amount. Hence, the accused persons were charged under Section 138 read with Section 141 of the Negotiable Instruments Act.
(3.) Three witnesses on behalf of the complainant while one witness on behalf of the defence were examined, and after considering the facts, circumstances and materials-on-record, the learned Court below found the accused persons not guilty and acquitted them of the said charge.;