KAILASH AGRAWAL Vs. GANESH RAM PORTE

JUDGEMENT

(1.) The appeal is directed against judgment dated 13.7.2018 passed by Judicial Magistrate First Class, Janjgir, Distt. Janjgir-Champa (Chhattisgarh) in Criminal Case No. 59/2017 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, he had personal relation with the respondent and the respondent borrowed a sum of Rs.2 lakh for construction of his house on 03.5.2016 and it was promised that the amount shall be returned within eight months, but the amount was not returned within the said period and thereafter the respondent has drawn a cheque in favour of the appellant on 02.4.2017 of Central Bank of India, Branch Akaltara and the same was deposited by the appellant in Punjab National Bank, Branch Naila for clearance but the same was returned on account of insufficiency of fund. The said information was given by the bank on 03.6.2017 thereafter notice was issued to the respondent on 10.6.2017 for payment and the respondent refused to take the notice on 16.6.2017. Thereafter complaint was filed which resulted into acquittal.

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