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

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE CRA 285 of 2019 Shika Bhattacharjee Vs.

Sanjib Das @ Bholau For the Appellant : Mr. Subhanwita Ghosh For the respondent : Mr. Vivek Kumar Tripathi : Mr. Partha Pratim Mukhopadhyay Heard on : 25.03.2025 Judgment on : 17.06.2025 Dr. Ajoy Kumar Mukherjee, J.

1. The instant appeal has arisen against judgment and order dated 19th November 2018 passed in complaint case no. 348C of 2015 by the learned judicial magistrate 6th court Howrah. The trial court by the said impugned judgement acquitted the accused in a proceeding under section 138 of the Negotiable Instrument Act (in short N.I Act).

2. The complainant/appellant herein had preferred a complaint before the trial court contending that the accused was milk man in the complainant’s house. Due to urgent need of his business, the complainant and her husband gave Rs. 2,30,000/- to the accused on different occasion between June 2005 to December 2005 on the assurance of the accused that the same shall be returned within short span of time. The complainant’s further case is that the said amount was given to the acc