- (1.) The present appeal is directed against the judgment and order of acquittal passed by the learned Metropolitan Magistrate, 17th Court at Calcutta in Complaint Case No. C/417 of 1994 (T.R. 396 of 1994) under Section 138 of the Negotiable Instruments Act, 1881, on 31/5/2000.
(2.) The prosecution case, in short, is that the accused/respondent owed a sum of Rs. 11,000.00 to the complainant/appellant for which he issued a cheque bearing No. 008062 dated 13/9/1994 for the said sum of Rs. 11,000.00 towards discharge of his existing liability. The complainant/appellant deposited the said cheque with his banker on 17/9/1994 but the same was dishonored on the ground of "insufficient fund". A notice under Section 138 of the Negotiable instruments Act, 1881 was issued on 28/9/1994 to the accused/respondent demanding payment of the sum within fifteen days from the date of receipt thereof but the accused/respondent refused the same on 10/10/1994 and thus failed to comply with the said notice. Hence, the accused/respondent was charged under Section 138 of the said Act.
(3.) Three witnesses were examined on behalf of the prosecution, while one witness was examined on behalf of the defence and after consideration the facts, circumstances and materials on record, the learned Court below found the accused/respondent not guilty and acquitted him of the charge.;