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2019 Supreme(Tri) 38

ARINDAM LODH
Subal Chandra Ghosh – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant :Mr. B. Banerjee, Advocate.
For the Respondent:Mr. S.M. Chakraborty, Sr. Adv., Ms. P. Sen, Advocate.

JUDGMENT :

1. This is a revisional application under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 against the judgment and order dated 25.02.2016 passed by learned Addl. Sessions Judge, West Tripura, Agartala, Court No.2 in Criminal Appeal No.41 of 2014 affirming the judgment and order dated 24.02.2014 passed by the learned Addl. Chief Judicial Magistrate, West Tripura, Agartala in case No.N.1.98 of 2012 acquitting respondent No.2 herein from all the charges brought against him by the revisional petitioner under Section 138 of the Negotiable Instrument Act, 1881.

2. Briefly stated, the facts of the case, are that the complainant-revisional petitioner (hereinafter referred to only as the "petitioner") had filed a written complaint before the learned Chief Judicial Magistrate, West Tripura, Agartala, against the respondent No.2 for an offence committed under Section 138 of the Negotiable Instrument Act, 1881. The learned Trial Court registered the case and after examining the petitioner took cognizance of the said case and issued notice upon the respondent No.2 to appear before the Court. The respondent No.2 on receipt of the summon appeared before the Court an

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