SHANKER LAL BAGHEL Vs. MADHAV HARI

JUDGEMENT

(1.) This CRMP has been filed under sec. 378 (4) of the code of criminal procedure 1973 for grant of special leave to file acquittal appeal against the impugned judgment dtd. 18/8/2021 passed in Complaint Case No. 2809/2018 by the JMFC, Raipur whereby the respondent/accused has been acquitted from the charge framed under sec. 138 of the Negotiable Instrument Act, 1881.

(2.) Brief facts of the case are that the accused/respondent, in discharge of existing liability, issued an account payee cheque bearing number 564636 of Rs.2.00 lacs in favour of the petitioner on 14/3/2018. The said cheque got dishonored and returned by the bank on 31/3/2018, so a legal notice was served on the accused but the payment was not made. Thereafter, a complainant case was filed in which after trial, the trial court has passed the impugned judgment.

(3.) Counsel for the petitioner submits that the impugned order is illegal, erroneous and contrary to the law. This court has to presume that the holder has received the check for discharge of debt and liability and if the initial burden was discharged then the burden shifts to drawer-accused to establish that the cheque was not of the nature referred to in Sec. 138 of Negotiable Instrument Act. So, it is prayed that leave to appeal be granted