JUDGMENT :

(Tirthankar Ghosh, J.) :

1. The present appeal has been preferred against the judgment and order of acquittal dated 16.03.2021 passed by the learned Additional Sessions Judge, 2nd Court, Sealdah in Criminal Appeal No. 49 of 2018, wherein the learned Appellate Court was pleased to set aside the order of conviction and sentence passed by the Learned Additional Chief Judicial Magistrate, Sealdah in Complaint case no. 879 of 2007 thereby acquitting the accused/respondent from the charges under Section 138 of the Negotiable Instruments Act.

2. Complaint case no. 879 of 2007 was initiated under Section 138 of the Negotiable Instruments Act against the accused namely, Sukla Chanda by the appellant herein Aries Probono Publico Society (hereinafter referred to as the ‘complainant Society’). The allegations made in the petition of complaint were to the effect that the complainant was Chairman of Aries Probono Publico Society having its office at Kolkata and the accused is a businesswoman who approached the Society for temporary financial assistance and the complainant Society agreed to the request of the accused by way of paying a sum of Rs.1,00,000/-in cash. The accused agreed to