RASHEED AHAMED Vs. SHOUKATH HUSSAIN

JUDGEMENT

(1.) This appeal filed under Sec. 378(4) of Cr.P.C. is by the complainant, challenging the impugned judgment and order passed by the trial Court, dismissing the complaint filed by him alleging offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for shot 'N.I.Act') against the respondent/accused.

(2.) For the sake of convenience, parties are referred to by their rank before the trial Court.

(3.) It is the case of the complainant that he and accused are related i.e, father-in-law of complainant and grand father of accused are brothers. Accused is a civil contractor. In connection with his work, since 2006 accused used to borrow hand loan from the complainant and repay the same promptly. In fact during 2011, accused borrowed a sum of Rs.3,00,000.00 and repaid the same in two instalments i.e., Rs.2,00,000.00 on 19/4/2011 and Rs.1,00,000.00 on 26/4/2011. After gaining confidence of the complainant during June 2011, accused requested for hand loan of Rs.9,00,000.00, promising to repay the same within one or one and half months. Considering the relationship between them, complainant advanced hand loan of Rs.8,45,000.00 on 20/6/2011. However, accused failed to repay the same and on repeated request and demand by the complainant, on 20/9/2011 accused issued cheque dtd. 29/9/2011 with a promise of prompt payment. However, on 29/9/2011, when complainant presented the cheque for realization, it was returned dishonoured for insufficient funds. Complainant got issued a legal notice demanding payment of amount due. Instead of paying the amount due under the cheque, accused has sent evasive reply and without any alternative the present complaint is filed.