JUDGMENT

Shampa Dutt (Paul), J. - This appeal is directed against judgment and order dated 25.04.2006 passed by learned Judicial Magistrate, 4th Court, Hooghly in C.R. Case No. 224 of 1997 acquitting the accused/opposite party no. 2, of the offence punishable under Section 138 of the Negotiable Instrument Act (N.I. Act in short).

2. The case of the complainant in his petition of complaint dated 14.05.1997 in short is that both the complainant and the accused person are potato merchants in their respective locality. As the complainant had sold potato to the accused on credit, the accused issued account payee (admittedly Bearer) cheques, four in number, drawn on the State Bank of India, Tarakeswar Branch, P.O. & P.S. - Tarakeswar, District - Hooghly, bearing cheque nos. 120467 dated 28.12.1996, 120468 dated 28.12.1996, 120465 dated 19.12.1996 and 120466 dated 24.12.1996, respectively, amounting to Rs.25,000/- each to the complainant. The complainant deposited the cheque nos. 120467 and 120468 both dated 28.12.1996 with the State Bank of India, P.O. & P.S. - Tarakeswar, District - Hooghly for clearance but both the cheques were dishonoured by the concerned Bank on 07.03.1997 with the re