SATGURU OXYGEN COMPANY Vs. ASHOK DATTA

JUDGEMENT

(1.) The appeal is directed against judgment dated 24.3.2018 passed by Additional Sessions Judge, Bilaspur (Chhattisgarh) in Criminal Appeal No. 224/2017 whereby the said Court acquitted the respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881(for short 'the Act 1881').

(2.) As per the version of the appellant/complainant, the appellant is a partnership firm represented by one partner and involved in activity of supply of oxygen cylinders on demand to various institution along with other companies. The appellant firm supplied oxygen cylinders to the respondent company and in consideration, the respondent company issued a State Bank of India cheque No.775001 dated 01.8.2012 for Rs.1,00,000/- signed by Managing Director of the company. The said cheque was deposited by the appellant which was returned with endorsement of dishonoured on account of insufficiency of fund. Notice was sent to the Managing Director of the respondent company for payment of cheque which was not paid, therefore, complaint was filed. The trial Court convicted the respondent but in appeal, the Court of Additional Sessions Judge acquitted the respondent.

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