SUNDER DAS ROHRA Vs. ANIL MISHRA

JUDGEMENT

(1.) In this case the petitioner is the complainant, whereas, respondent is accused. This criminal revision is filed against the order dtd. 1/4/2014 passed by the learned VIth Additional Sessions Judge, Bilaspur, in Cr.A. No. 43/2014, whereby criminal appeal preferred by the petitioner has been dismissed and the order dtd. 21/9/2012 passed by the learned Judicial Magistrate First Class, Bilaspur, in Complaint Case No. 361/2011 has been affirmed whereby the complaint case filed under Sec. 138 of the Negotiable Instrument Act, 1881 (for short 'N.I. Act') by the petitioner was dismissed.

(2.) The complainant/petitioner filed a complaint case before the Court of Judicial Magistrate First Class, Bilaspur against the respondent/accused under Sec. 138 of N.I. Act for dishonour of cheque bearing No. 697158 dtd. 11/10/2010 for a sum of Rs.2,75,000.00 drawn on I.C.I.C.I. Bank, Bilaspur (C.G.).

(3.) The substance of allegations and assertions of the complaint case before the trial Court was that the parties are known to each other and on account of some necessity, the respondent took loan of Rs.2,75,000.00 from the complainant and in order to discharge said legal liability, alleged cheque was issued on 3/8/2011 bearing No. 697160 drawn on I.C.I.C.I. Bank, Bilaspur. The said cheque was presented on 4/8/2011 and which returned dishonored with the remarks "stop payment". A legal demand notice was sent to the respondent on 10/8/2011. Despite service, the respondent failed to repay the cheque amount within the stipulated time period and hence, complaint case under Sec. 138 of N.I. Act was filed. The substance of accusation was stated to the respondent, who abjured it and pleaded non- guilty. The complainant examined himself as PW-1, whereas respondent examined Dr. Kumari Sunanda Dhenge, Handwriting Expert, as DW-1, himself as DW-2, Samir Raut Rai, Sub-Branch Manager, as DW-3 and Apoorva Tiwari, Agriculturist, as DW-4.