JUDGMENT

Shampa Dutt (Paul), J. - This appeal is directed against judgment and order dated 27.12.2006 passed by the learned Addition Chief Judicial Magistrate, Alipore, 24-Parganas (South) in T.R. 264 of 2004 arising out of C-3774/2004 acquitting the respondent/accused for offence punishable under Section 138 N.I. Act.

2. The appeal has been preferred for setting aside the order and judgment of acquittal on the ground that the said judgment under appeal is bad in law and that the same has not been passed by properly considering the evidence- on-record. The learned Magistrate failed to appreciate the evidence-on-record both oral and documentary, came to erroneous findings and held that the cheque was not issued to pay off legally enforceable debt or any liability and as such, the judgment is liable to be set aside. By the said judgment the learned Magistrate has caused serious miscarriage of justice by not holding the respondent/accused person guilty of the offence punishable under Section 138 of the N.I. Act inspite of the complainant proving the case against the accused/respondent.

3. The complainant's case before the Trial Court was that the complainant has been authorized to file t