SANTRAM SAHU Vs. MURLIDHAR SHRIVAS

JUDGEMENT

(1.) The appeal is directed against judgment dated 22.11.2017 passed by Judicial Magistrate First Class, Raipur (Chhattisgarh) in Criminal Case No. 2622/2015 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, on 27.5.2015 one cheque was given by the respondent/accused to the appellant for a sum of Rs.2 lakh. The said cheque was presented in the Syndicate Bank, Main Branch Raipur from where endorsement was made and information was given to the appellant stating that there is insufficient fund on the account of the respondent. After the said dishonour of the cheque, the appellant sent a registered legal notice through his counsel on 18.9.2015. The notice was duly accepted by the respondent and thereafter the respondent issued fresh cheque in favour of the appellant on 20.9.2015 to the tune of Rs.2 lakh which was returned by the bank for the reason and description of insufficient fund. Again notice was issued to the respondent on 14.10.2015 after dishonour of the cheque on 09.10.2015 which was received by the respondent on 16.10.2015, but the amount was not paid and thereafter complaint was filed on 24.11.2015 which resulted into acquittal of the respondent.

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