ISHWAR KUMAR AGRAWAL Vs. LEELAWATI SONI

JUDGEMENT

(1.) By way of instant acquittal appeal, the appellant-complainant has challenged the order dated 22-2-2013 passed by Chief Judicial Magistrate, Surajpur in Criminal Case No. 1318/2012. By impugned order, the Trial Court has dismissed the complaint case of the appellant-complainant for want of prosecution on account of non-appearance of the appellant-complainant on 22-2-2013.

(2.) Brief facts leading to the instant appeal are that the husband of the respondent-accused was having good relations with the appellant-complainant and that on account of the said good relation the husband of respondent-accused purchased certain electrical items worth Rs. 35,000/- on credit from the shop of the appellant-complainant and, in addition, borrowed hand-loan of Rs. 40,000/- from the appellant-complainant. That, towards the discharge of the said liability, the respondent-accused issued a cheque bearing No. 745958, dated 15-12-2011 drawn on Surguja Kshetriya Gramin Bank, Branch Salka, Distt. Surguja, amounting to Rs. 30,000/- in favour of the appellant-complainant. When the said cheque was presented before the Bank by the appellant-complainant, it got dishonoured account of insufficient funds. In spite of notice being served upon respondent-accused, she did not care to discharge the liabilities and the appellant-complainant was left with no other option but to file a complaint case under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act") on 31-7-2012 against the respondent-accused.

(3.) It is this order dated 22-2-2013, which has been challenged by appellant-complainant by way of instant acquittal appeal.