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TAPASH MOOKHERJEE
Annapurna Cast Limited – Appellant
Versus
Akshaya Technologies Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Shyamal Chakraborty and Ms. Debarati Banerjee, Advocates.
For the Respondent:Mr. Tirthankar Ghosh and Mr. Satadru Lahiri, Advocates.

JUDGMENT :

Tapash Mookherjee, J.

1. This is an appeal against a judgment and order of acquittal passed by the learned Metropolitan Magistrate, 3rd Court, Calcutta in complaint case No. 3000/2000 (T.R. Case No. 366/2000) dated 20.07.2011. The case in the Trial Court was a case under Section 138 of the Negotiable Instruments Act, 1881 (in short the N. I. Act). By the aforesaid judgment and order the Trial Court acquitted all the Respondents/Accused of the acquisition under Section 138 of the N. I. Act.

2. The Appellant/Complainant Annapurna Cast Limited is a company registered under the companies Act. Accused No. 1. M/s Akshaya Technologies (P) Ltd. the Respondent No. 1 in this appeal, is also a Company and the other three Respondents in this appeal are the directors of the company.

3. The facts leading to the appeal in short, are as follows:-

4. The Appellant and the Respondents had business relations between them. In usual course of such business transactions the Appellant Company supplied some goods to the Respondent/Company and in partial discharge of their existing liabilities the Respondent/Company issued two cheques, dated 03.10.1999 and 04.10.1999 for Rs. 1,40,000.00 (rupees one l



















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