IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE CRA 154 of 2020 Gayanatha Pandey @ Gayanath Pandey Vs State of West Bengal Anr.

For the Appellants : Mr. Prosenjit Mukherjee, Mr. Saptarshi Chakraborty Mr. Argha Kamal Das Ms. Babita Pramanick For the Respondent No.2 : Mr. Rajendra Banerjee, Mr. Souvik Ganguly Mr. Joy Chakraborty Mr. S. Roy Chowdhury Heard on : 05.02.2026 Judgment on : 26.02.2026 Dr. Ajoy Kumar Mukherjee, J.

1. Appellant herein has challenged the impugned Judgment and order dated 17th January, 2020 passed by learned Judicial Magistrate 1st Court Rampurhat in connection with CR Case no. 502 of 2018, by which the Court below acquitted the Respondent No.2 under section 255 (1) of Cr.P.C. from the allegation of committing offence punishable under section 138 of the Negotiable Instrument Act (in short N.I. Act).

2. Factual matrix of the case as stated in the complaint is that the accused/Respondent no. 2 herein, Manik Dutta has issued one cheque being no. 232 dated 18.05.2018 in favour of the appellant/complainant to discharge the legally enforceable debt of Rs. 8.5 lakhs, which amount the accu