JUDGMENT :

SIDDHARTHA ROY CHOWDHURY, J.

1. This appeal assails the judgment passed by learned Sessions Judge, Hooghly on 26th July, 2016 in Criminal Appeal No. 13 of 2016 recording an order of acquittal and thereby setting aside the judgment and order of conviction passed by learned Judicial Magistrate, 3rd Court, Hooghly at Chinsurah on 17th May, 2016 in Case No. CR 128/2011 under Section 138 of the N.I. Act.

2. Briefly stated, Ramkrit Jadav entered into an agreement with accused Samir Kumar Das to purchase a flat and paid a sum of Rs. 4,97,376/- towards consideration money. However, the proposed vender failed to deliver possession of the same and agreed to refund the amount received as part of consideration, in advance. Samir Kumar Das paid a sum of Rs. 1,60,000/- by cash and issued a cheque of Rs. 3,37,376/- on 31st January, 2011 in favour of the complainant Ramkrit Jadav. The cheque was drawn on Bank of India, Chinsurah Branch. The drawee presented the cheque and it was not honoured by bank due to insufficient fund. The drawee, thereafter, sent a legal notice through his lawyer to the drawer of the cheque within the statutory period. However, by giving the reply to the said notice