SANJAY KUMAR GUPTA Vs. GHANARAM SAHU

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 5-2-2016 passed by the Sessions Judge, North Bastar at Kanker in Criminal Appeal No. 27 of 2013 wherein the said court acquitted the respondent for charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act, 1881") reversing the judgment of Chief Judicial Magistrate, Kanker in Criminal Case No. 923 of 2011 dated 27-9-2013.

(2.) As per version of the appellant, both sides are well known to each other. On account of mutual relation appellant extended credit facility to the tune of Rs.7,00,000/- to the respondent on 15-5-2011. The respondent issued a cheque of Axis Bank, Branch Dhamtari dated 8-7-2011 in favour of the appellant for a sum of Rs.7,00,000/-. The cheque was placed before the Bank of India, Branch Kanker, but it was returned dishonoured due to insufficiency of funds vide written memo dated 9-7-2011. Appellant issued a notice to the respondent for payment of his money on 26-7-2011 through registered post which was duly served on the respondent on 28-7-2011. Despite receiving notice, respondent failed to pay the amount that is why complaint was filed. The trial court convicted the respondent but in appeal the said Sessions Court reversed the finding of the trial court and acquitted the respondent.

(3.) Learned counsel for the appellant submits as under: