JUDGMENT

Bibek Chaudhuri, J. - The complainant of Case No.0058948 of 2016 has filed the instant appeal being aggrieved by and dissatisfied with the judgment and order of acquittal passed by the learned Metropolitan Magistrate, 20th Court at Kolkata in a proceeding under Section 138 of the Negotiable Instrument Act (hereinafter described as N.I Act for short).

2. CRA 715 of 2018, is an appeal filed by the complainant of CS 0082901 of 2016 against the judgment and order of acquittal passed by the same court on 24th August, 2018.

3. As both the appeals are between the same party, this Court proposes to dispose of the above numbered two appeals by a composite judgment.

4. In CS 0058948/2016 filed by the appellant against the respondent alleging, inter alia, that for the discharge, in part of existing debt and liability the respondent issued a cheque on 15th December, 2015 for Rs.5 lacks drawn on ICICI Bank, Ballygunge Branch in favour of the complainant. The said cheque was dishonoured due to insufficient fund which was informed by the banker of the complainant, viz, State Bank of India, Park Street Branch on 22nd December, 2015. The complainant issued notice through its learned Advocate f