KAMAL CHAND JAIN Vs. RAJESH JAIN

JUDGEMENT

(1.) This acquittal appeal has been preferred by the appellant against the impugned judgment dtd. 24/11/2011 passed by the First Additional Sessions Judge, Durg (C.G.) in Criminal Appeal No. 116/2010, whereby the learned appellate Court allowed the appeal filed by the respondent/accused against the judgment and order dtd. 30/10/2010 passed by the Judicial Magistrate First Class, Durg (C.G.) in Complaint Case No. 1331/2010, by which the respondent herein has been acquitted of the charges under Sec. 138 of the Negotiable Instruments Act.

(2.) Brief facts of the case are that appellant filed a complaint case under Sec. 138 of the Negotiable Instruments Act against the respondent before the learned Judicial Magistrate First Class on the ground that the appellant gave loan amounting to Rs.1.00 lakh in cash to the respondent/accused and in turn respondent issued one cheque of State Bank of India, Indira Place, Bhilai, District-Durg (C.G.) in favour of the appellant in sum of Rs.1.00 lakh. Appellant presented the cheque before the bank for encashment in his account but the cheque was dishonoured on the ground that the respondent/accused was not having sufficient fund in his account and the Bank marked the cheque as "Refer to drawer". Respondent/accused did not pay the cheque amount despite service of legal notice dtd. 21/4/2006 thereafter, appellant/complainant filed complaint under Sec. 138 of the Negotiable Instruments Act before the learned Judicial Magistrate First Class.

(3.) Vide order dtd. 30/10/2010, after appreciating oral and documentary evidence, learned Judicial Magistrate First Class has convicted the respondent under Sec. 138 of the Negotiable Instruments Act and sentenced him to undergo R.I. for one year and to pay fine of Rs.10,000.00with default stipulation. Respondent/accused has filed the appeal against this judgment before the Sessions Court and learned appellate Court allowed the appeal and acquitted him of the charges under Sec. 138 of the Negotiable Instruments Act. Hence, this appeal filed by the appellant/complainant.