JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the judgment and order dated 16.10.2020 passed by the learned Judicial Magistrate, 7th Court, Alipore, South 24 Parganas in Case No.C/5192 of 2010 under Section 138 of the Negotiable Instrument Act, wherein the learned trial Court was pleased to acquit the accused from the charges.

2. The genesis of the case was a complaint initiated by one Kashinath Shaw (hereinafter referred to as ‘the complainant’) against Rupesh Gupta (hereinafter referred to as ‘the accused/respondent’). It was alleged that the complainant is a businessman and absolute owner of a piece and parcel of land measuring 90.75 decimals which was conveyed to the opposite party and one of his relation for a total consideration of Rs.45,00,000/-. Against the total consideration the accused respondent made payment by cash and a cheque being cheque no.036692 of Rs.10,00,000/-dated 10.04.2010 in favour of the complainant. The said cheque was drawn on Central Bank of India, Ultadanga Branch which was signed by the accused no.1 as the proprietor of Om Kutir Udyog. The said cheque was deposited by the complainant with his banker State Bank of India,