INDRAJIT CHATTERJEE,J. - (1.) This Court is hearing one appeal against an order of acquittal dated June 10, 2009 passed by the learned Judicial Magistrate, 1st Court, Garbeta, District - West Medinipur, in connection with Complaint Case No. 3 of 2005 in a proceeding under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the said Act of 1881).
(2.) The case relevant for appreciation of this appeal can be stated in brief thus; that the accused and the present appellant were in business terms since long and as per final settlement, which was arrived on April 19, 2004 it was agreed by the accused that the complainant will get Rs.4,67,587/- and one document was executed on that very date which was marked as 'Ext. 1' before the learned Trial Court. It may be noted that the said document was executed on the 'letter head' of the son of the accused namely Sanjoy Dey (Proprietor of Baba Sanyasi Tractor Services). The said document was handed over to the complainant but in spite of repeated requests from the complainant the accused was not paying the said dues to the complainant.
(3.) Thereafter, the complainant put pressure upon the accused to pay dues as stated above forthwith. The accused then come to the house of the complainant with one Salil Chowdhury (PW-2) on January 14, 2005 and the said accused voluntarily issued three cheques, being Cheque No. 9370152 dated January 14, 2005 of Rs. 24,000/-; Cheque No. 9370153 dated January 14, 2005 of Rs. 94,000/- and Cheque No. 9370154 dated January 14, 2005 of Rs. 94,000/- drawn on Bank of India, Dabcha Branch, District - West Medinipur in favour of the complainant/appellant.;