IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:-

HON’BLE JUSTICE CHAITALI CHATTERJEE DAS.

CRA 681 OF 2007 TRIPURESH KUMAR DEY VS TUSHAR KANTI JANA & Anr.

For the Appellant : Mr. Sujit Mitra, Adv.

For the State : Mr. Ratul Ghosh, Adv.

For the Opposite Party no. 2 : Mr. Amitabha Karmakar, Adv.

Last heard on : 10.12.2025 Judgement on : 13.02.2026 Uploaded on : 13.02.2026 CHAITALI CHATTERJEE DAS:-

1. This is an application for special leave to file under /section 378 Sub-Section (4) of the Code of Criminal Procedure,1973 against the judgement and order of acquittal dated May, 24, 2007 passed by the Learned Metropolitan Magistrate, 4^th Court , Calcutta in case under Section 138 of the Negotiable Instrument Act.

Brief Fact

2. The present Opposite Party no. 2 took an emergency accommodation loan of Rs. 1,90,000 for his own business purpose in the following manner:-

a) On 28.04.2001 Rs. 1,00,000.00 b) On 03.05.2001 Rs. 30,000.00 c) On 14.05.2001 Rs. 60,000.00 _____________________

Rs. 1, 90, 000.00 The Opposite Party no. 2 issued receipts for such loan of Rs. 1, 90,000/- by his own hand writing. He took the said emergency loan for the purpose of prints and other