JUDGMENT :

SIDDHARTHA ROY CHOWDHURY, J.

1. This criminal appeal challenges the judgment and order passed by learned 9th Court of Judicial Magistrate, Alipore, 24-Parganas (South) in connection with the Complaint Case No. C 2532 of 2003, corresponding to TR No. 730 of 2003. By the impugned judgment learned Trial Court recorded an order of acquittal in a proceeding under Section 138 of the NI Act.

2. Mr. Shataroop Purkayastha, learned counsel for the appellant assailing the impugned judgment submits that learned Trial Court failed to appreciate the evidence on record in its proper perspective and the judgment is the outcome of absolute misreading of evidence. It is contended by Mr. Purkayastha that Sri Soumen De and Smt. Paramita De, took a sum of Rs. 8,60,000/- from the Appellant as loan. Soumen De issued a cheque vide No. 612517 dated 2nd January, 2003 drawn on State Bank of India, Esplanade Branch in discharge of their liability to repay the same. The cheque was presented to the State Bank of Hyderabad, Sarat Bose Road Branch which was returned dishonoured for insufficient fund. Statutory notice was given to the drawer of the cheque under Section 138 (b) of the NI Act, by the holder