MOHAMMAD ASLAM RAJABALI MANIYAR Vs. A R DILSHAD

JUDGEMENT

(1.) Heard the learned counsel for the appellant. The appellant was the complainant before the trial court alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the 'NI Act' for brevity).

(2.) The complainant had claimed as follows:

(3.) The respondent entered appearance and contested the proceedings. The appellant tendered evidence and marked Exhibits P.1 to P.6. The respondent examined himself as DW.1 and also examined yet another witness as DW.2 and marked exhibits Ex.D.1 and D.2. The respondent in his defence contended that one Nagendra Jeoji had, in fact, purchased steel from the appellant and had got the fabrication work done through the respondent and that he had issued the cheque in question to the appellant as security for the due payment of the value by Jeoji to the appellant and that Jeoji in turn had paid the amount and therefore, the cheque issued as security was no longer enforceable, but, since the cheque had been returned by the appellant, the same was sought to be misused. The trial court on the basis of the said defence and the rival contentions, negated the case of the respondent and sentenced the respondent to pay a fine of Rs.1,34,600/-. That was challenged by way of an appeal by the respondent. The appellate court having set aside the judgment of the trial court and having acquitted the respondent, the appellant is before this court.