RAVINDRA KUMAR YADAV Vs. KIRAN DEVI

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 6-12-2007 passed by First Additional Sessions Judge, Manendragarh in Criminal Appeal No. 128 of 2006 wherein the said court reversed the finding of conviction and sentence dated 21-4- 2005 passed by the Judicial Magistrate, Class-1, Manendragarh in Criminal Case No. 285 of 2002 for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act, 1881").

(2.) As per version of the appellant/complainant, husband of respondent namely Sitaram and respondent purchased two Trucks from appellant bearing registration No. MOL 9710 & CPO 7993. In lieu of the above said purchase they have given a cheque bearing No. 0003779 amounting to Rs.1,25,000/-. When the said cheque was presented for clearance in the Bank, the same was dishonoured due to insufficiency of fund. Appellant issued a notice to the respondent and her husband for payment of his money but the amount was not paid that is why complaint was filed under Section 138 of the Act, 1881. The trial court convicted the respondent but in appeal the said Sessions court acquitted the respondent contrary to factual matrix and legal aspect of the matter.

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