IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Prasenjit Biswas

MMTC Ltd.

-Versus-

Sk. Abdul Sabur

For the Appellant : Mr. Anand Keshari,

Mr. Swarajit De,

Mr. Piush Kumar Ray,

Ms. Syed Kishwar, Mr. Vipul Vedant.

For the Respondent : Mr. Mrityunjoy Chatterjee,

Mrs. Suchismita Chakraborty,

Mr. Arindom Poali.

Hearing concluded on : 28.10.2025 Judgment On : 14.01.2026

Prasenjit Biswas, J:-

1. The instant appeal is directed against the judgment and order

dated 30.03.2016 passed by the learned Metropolitan Magistrate, 9th Court, Calcutta in Case No. C/2765/1997 at the instance of the

appellant.

2. By passing the impugned judgment the respondent (accused)

namely, Sk. Abdul Sabur was held not guilty of the offence under Section 138 of the Negotiable Instrument Act, 1881 and was acquitted under Section 255(1) of Cr.P.C.

3. Being aggrieved and dissatisfied with the said order of acquittal the complainant, being the appellant (herein) has preferred this instant appeal.

4. The case of the complainant in a nutshell is that:

“The respondent/accused had issued two Account Payee Cheques, being Cheque Nos. 141692, 141693 dated 20.06.1997 for sum of Rs. 7,66,584/-