Satya Ranjan Saha vs Biplab Debnath - 2021 Supreme(Tri) 147

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2021 Supreme(Tri) 147

S. TALAPATRA
Satya Ranjan Saha – Appellant
Versus
Biplab Debnath – Respondent

Advocates appeared:
Mr. P. Majumder, Advocate, for the Appellant; Mr. S. Debnath, Addl. PP., Mr. S.M. Chakraborty, Sr. Adv., Mr. G.S. Bhattacharjee, Advocate, for the Respondent

JUDGMENT

To question the legality of the order of acquittal dated 12.07.2018 delivered in Criminal Appeal No.32 of 2017 by the Addl. Sessions Judge, Gomati Judicial District, Udaipur, this appeal has been filed under Section 378 (4) of the Cr.P.C. It may be noted at the outset that the appellant filed a complaint under Section 138 of the Negotiable Instrument Act being CR. 18 of 2016 [NI]. The said complaint was tried by the Judicial Magistrate, First Class, Udaipur, Gomati Tripura.

[2] Briefly stated, the allegations made in the complaint is that the respondent No.1 had issued 3[three] cheques bearing No.0000045, 0000046 & 0000047 respectively for an amount of Rs.1,83,000/-, Rs.2,50,000/- & Rs.2,50,000/- in favour of the appellant. All those cheques were dishonoured by the banker for insufficiency of fund in the account of the respondent No.1 [the accused]. According to the appellant, he had rented out his vehicle [Tipper]. It has been further stated that the accused took loan of Rs.2,83,000/- from the complainant [the appellant herein] on condition of repayment whenever the demand of repayment would be made by the complainant. According to the appellant, in order to discharge the