JUDGMENT :

SHAMPA DUTT (PAUL), J.

(I) The Appeal

1. The present appeal against acquittal has been preferred against the Judgment and Order dated 03.02.2016 passed by the learned Judicial Magistrate, 1st Class, 4th Court, Asansol in connection with C. Case No. 357 of 2002 (T.R No. 86 of 2006), thereby acquitting the accuseds/respondents of the charge under Section 138 of the Negotiable Instruments Act.

(II) Appellant’s Case

2. Mr. Milon Mukherjee, learned senior counsel for the appellant, has submitted, that the appellant/complainant's case is that the appellant is the sole proprietor of a business concern named and styled as M/s. Kuldip Service Station situated at G.T. Road, Chanda, Post Office Kali Paharia, Police Station Jamuria, District- Burdwan, dealing with petrol, diesel and lubricants and maintains one current account being No. CC 1056 with Dena Bank, Asansol Branch.

3. The accused persons are partners of a concern named and styled as M/s. G.S. Atwal & Co. That in course of running their business the accuseds/respondents used to purchase various kinds of petrol, diesel and lubricants on credit from the appellant and in lieu of such business, the accused persons issued a cheque be