VINAY KUMAR SOOD Vs. BALI NAGVANSHI

JUDGEMENT

(1.) This appeal has been preferred against the judgment dtd. 6/1/2015 passed by the Chief Judicial Magistrate, Dantewada in Criminal Complaint Case No.61 of 2013, whereby the Learned Chief Judicial Magistrate has acquitted the Respondent/accused of the charge under Sec. 138 of the Negotiable Instruments Act.

(2.) Facts of the case, in brief, are that the Appellant and the Respondent were known to each other and were having cordial relation. The Appellant/Complainant was doing a business of grocery shop. When the Respondent/accused was in need of money, the Appellant gave him Rs.7,00,000.00 on assurance that he will refund the money. When the Appellant was in need of money for his business, he demanded his money back from the Respondent, but the Respondent due to one or other reason did not refund the money to the Appellant. Ultimately, on 13/2/2013, the Respondent gave a cheque of Rs.7,00,000.00 bearing number 11253 of Zila Sahakari Kendriya Bank. The cheque was presented by the Appellant for clearance, but it was dishonoured and was returned with an endorsement of insufficient fund. A legal notice was given by the Appellant to the Respondent on 18/2/2013. A reply of the said notice was sent by the Respondent vide Annexure A4. As the Respondent did not refund the borrowed money of Rs.7,00,000.00 within the stipulated time, the Appellant filed a complaint under Sec. 138 of the Negotiable Instruments Act before the Chief Judicial Magistrate, Dantewada. After recording evidence and hearing the parties, the Chief Judicial Magistrate acquitted the Respondent. Hence, this appeal by the Complainant.

(3.) Learned Counsel appearing for the Appellant/Complainant submitted that the Court below has overlooked the presumption in favour of the Appellant under Sec. 139 of the Negotiable Instruments Act and consequently the Court below has committed material error by acquitting the Respondent. The Respondent has not adduced any evidence or material before the Court below to rebut the presumption under Sec. 139 of the Negotiable Instruments Act. Reliance was placed on AIR 2020 SC 945 (APS Forex Services Pvt. Ltd. v. Shakti International Fashion Linkers), (2010) 11 SCC 441 (Rangappa v. Sri Mohan) and (2014) 12 SCC 539 (Indus Airways Pvt. Ltd. v. Magnum Aviation Pvt. Ltd.).