PRASHANT PARAKH Vs. SUBHASH CHOUDHARY

JUDGEMENT

(1.) The appeal is directed against judgment dated 23.11.2009 passed by Judicial Magistrate First Class, Balod Distt. Durg (Chhattisgarh) in Criminal Case No. 383/2008 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, he gave cash loan of Rs.80,000/- to the respondent/accused and for that payment two cheque bearing No. 737011 dated 30.12.2007 for Rs.60,000/- and No.737014 dated 15.01.2008 for Rs.20,000/- of District Co-operative Bank Limited Durg, Branch Balod were issued by him in favour of the appellant. Both cheque were presented before the Bank for encashment in his account at State Bank of India in A/c. No.8086364 and both the cheque were dishonoured on account of insufficiency of fund in the account of the respondent. Thereafter legal notice was sent and even after receiving the notice the payment is not made, hence, complaint under Section 138 of the Act 1881 was filed before the said Court which resulted into acquittal.

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