V.R. SHRESTI Vs. BHASKAR

JUDGEMENT

(1.) This appeal is filed against the judgment of acquittal passed in Criminal Case No.33 of 2016 dated 08.11.2016 on the file of Senior Civil Judge and J.M.F.C. at Harihar for the offence punishable under Section 138 of Negotiable Instruments Act.

(2.) Brief facts of the case: It is the case of the appellant/complainant that himself and accused were known to each other. The accused was doing hotel business. The accused has requested a hand loan of Rs.4,50,000/- for his hotel business and accordingly, the complainant advanced Rs.4,50,000/- on 10.11.2006. The accused had agreed to repay the loan amount within two months with interest at the rate of 2% per month. Thereafter, towards repayment, the accused has issued a cheque for a sum of Rs.4,50,000/-. When the same was presented for encashment, the same was returned with an endorsement, 'insufficient funds'. Hence, the complainant got issued the legal notice on 18.01.2007 calling upon the accused to pay the amount. Despite service of notice, he did not pay the amount and also did not give any reply. Hence, the complaint was filed.

(3.) The complainant, in order to substantiate his case, examined himself as P.W.1 and so also examined two witnesses as P.Ws.2 and 3 and got marked the documents as Exs.P1 to P8. The accused examined himself as D.W.1 and got marked the documents as Exs.D1 to D4. After closure of the evidence, the Court below has acquitted the accused. Hence, the present appeal is filed.