ALOK KUMAR Vs. NOORI SHEIKH

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 23-2-2019 passed by the Judicial Magistrate First Class, Durg in case No. R.C.C/27420/2011 wherein the said court acquitted the respondent for charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act, 1881").

(2.) As per version of the appellant, respondent borrowed a sum of Rs.25,000/- from him and issued a cheque of Allahabad Bank, Branch Kasaridih, Durg bearing No.000371 amounting to Rs.25,000/- in discharge of the said liability on 7-8-2011. The said cheque was presented for clearance but it was dishonoured due to insufficient funds. Appellant issued a notice to the respondent for payment of his money but the amount was not paid that is why complaint was filed which resulted into acquittal.

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