Sumit Deb vs Joy Deb - 2022 Supreme(Tri) 313

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 313

ARINDAM LODH
Sumit Deb – Appellant
Versus
Joy Deb – Respondent

Advocates appeared:
Mr. H.K Bhowmik, Advocate, for the Appellant; Mr. Sumit Debnath, Addl. PP, Mr. Biplab Debnath, Advocate, for the Respondent

JUDGMENT

1. Heard Mr. Bhowmik, learned counsel appearing for the appellant as well as Mr. Sumit Debnath, learned Addl. P.P. appearing for the State-respondent No.2 and Mr. Biplab Debnath, learned counsel appearing for the respondent No.1.

2. The instant appeal arises from the judgment dated 29.01.2020 passed by learned Chief Judicial Magistrate, Agartala, West Tripura, in connection with case No.NI 83 of 2015 wherein the accused-respondent had been acquitted from the charges levelled against him under Section 138 of the Negotiable Instrument Act, 1881 (here-in-after referred to as 'the NI Act') and dismissed the application filed by the complainant-appellant.

3. A brief recapitulation of the facts of the instant case is necessary. The complainant-appellant was a professional contractor, whereas, the accused-respondent No.1 was the owner of one mixture plant situated at Bodhjungnagar. According to the complainant, both the complainant-appellant and the accused-respondent no.1 were known to each other for their business transactions. In the month of November, 2014, the complainant supplied stone chips to the accused amounting to Rs.5,00,000/-(Rupees five lakhs) only on credit with the