JUDGMENT

Siddhartha Roy Chowdhury, J. - This is an appeal with Special Leave of the Court and challenge in this appeal is to the judgement of acquittal passed by learned Chief Judicial Magistrate, Malda in Case No. 600C/2003 on 17th December, 2017.

2. Briefly stated, Subhrangshu Das, the proprietor of M/s Rahul Enterprise filed a petition of complaint before the learned Chief Judicial Magistrate, Malda under Section 138 of the Negotiable Instrument Act against M/s A.B. Construction being represented by its proprietor Ajay Basu contending, inter alia, that in discharge of the liability in connection with the purchase of a tractor by a party, the accused person issued a cheque of Rs. 3,23,600/- in favour of the complainant drawn on Oriental Bank of Commerce which was presented to Punjab National Bank, Malda Branch. The cheque was returned with the endorsement 'payment stopped by the borrower'.

The complainant then issued a notice calling upon the accused person to pay the said amount. Despite receipt of notice the accused person refused to act in terms of the notice. Hence, petition of complaint was filed and learned Trial Court having found prima facie case issued process under Section