GULAB SINGH KHATRI Vs. RAGHUNANDAN PRASAD VERMA

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 2-3-2005 passed by the Additional Chief Judicial Magistrate,. Raipur in criminal complaint case No. 3109 of 2002 filed under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act, 1881") wherein the said court acquitted the respondent for the said charge.

(2.) As per the appellant/complainant, he is the owner of one vehicle Tempo Trax bearing registration No. MP23-B /2112 and he entered into agreement with respondent for sale of the said vehicle for cash consideration of Rs.60,000/-. The respondent handed over a cheque bearing No. 18059 dated 6-3-2002 of Central Bank of India, Raipur in favour of the appellant. The appellant deposited the cheque for encashment of cheque on 20-5-2002 and thereafter it was informed to the appellant on 24-5-2002 vide memo dated 21-5-2002 that due to insufficiency of funds, the cheque is dishonoured. Appellant issued to legal notice to respondent on 27-5-2002 but no amount was paid that is why a complaint was filed which resulted into acquittal.

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