Indrajit Chatterjee, J. - (1.) In this appeal the judgment of acquittal passed by the learned Metropolitan Magistrate, 5th Court, Calcutta on February 27, 2013 as passed in Complaint Case No. 826 of 2004 has been assailed before this Court.
(2.) The present appellant, who was the complainant before the said Court came with an application under Section 138 and 141 of the Negotiable Instrument Act, 1881 regarding dishonour of several cheques as mentioned in page No. 4 of the appeal. The total amount of cheques so dishonoured was Rs. 6,93,735/- drawn on State Bank of India, Nimtolla Branch, in favour of the complainant/firm.
(3.) I have already said that the learned Trial Court on appraisal of evidence disposed of that complaint case by passing an order of acquittal in respect of the three accused persons under Section 255 of the Code of Criminal Procedure in respect of the charge under Section 138, which according to that Court was not proved.;