SATAPPA Vs. MAHAVEER

JUDGEMENT

(1.) The appellant/complainant is challenging the judgment of acquittal passed by Civil Judge and JMFC, Afzalpur in C.C.No.37/2015, dtd. 27/11/2020 for the offence under Sec. 138 of Negotiable Instruments Act (hereinafter referred to as'N.I. Act').

(2.) The parties to the appeal are referred with their ranks as assigned in the Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of complainant can be stated in nutshell to the effect that the accused was in need of money in the month of September 2014 and approached the complainant for loan of Rs.5,00,000.00. The complainant was not having that much of cash and having only Rs.4,58,000.00. The accused has accepted the said money and gave post dated Cheque dtd. 22/12/2014 bearing No.73306 drawn on State Bank of India of Afzalpur Branch on the account maintained by him under A/c. No.30658929768. The complainant has presented the said Cheque on 22/12/2014 and the same was bounced for want of sufficient funds in the account. The complainant has issued Demand Notice dtd. 23/12/2014. The same has been returned on 30/12/2014 with the endorsement that accused has refused to receive the same. The accused has failed to pay the money covered under the Cheque and has also not replied to the notice. The complaint is filed on 23/1/2015.