- (1.) Heard learned counsels for both the sides and perused the records.
(2.) This appeal is directed against the Judgment of acquittal dated 3rd of June 2009 passed by Sri D.C. Awasthi, learned Judicial Magistrate 1st Class, Jamshedpur, in C/1 Case no. 373 of 1999/Trial No. 493 of 2009, whereby the learned Judicial Magistrate has acquitted the respondent No.2 accused of his accusation under Section 138 of the Negotiable Instruments Act (herein after referred to as the 'N.I. Act'), holding that the complainant had failed to prove its case beyond all reasonable doubts against the accused.
(3.) The complaint case was originally filed by M/s Tata Iron & Steel Co. Ltd. (Cement Division, Jamshedpur) through its constituted Attorney, Sri Sarvesh Kumar, Area Sales Manager. According to the complaint case, the accused, Satyabrata Dash, who was the proprietor of M/s B.N. Enterprises of Rairangpur Mayurbhanj, Orissa, had fraudulently and dishonestly induced the Company of the complainant at Jojobera, Jamshedpur to deliver huge quantity of cement worth Rs.3,61,790/- and handed over a cheque dated 27.3.1999 of the aforesaid amount towards price of the cement, drawn upon the State Bank of India, Rairangpur. The cement was dispatched to the accused. The said cheque was presented in the Bank, but it was bounced and returned to the complainant on 28.4.1999 with the endorsement "Insufficient Fund". Subsequently, the complainant served a legal notice of demand dated 29.4.1999 upon the accused demanding the said amount within 15 days from the date of receipt of the notice, but in spite of the receipt of the demand notice on 6.5.1999, the accused did not make the payment of the amount and accordingly, the complaint petition was filed by the complainant on 24.5.1999.;