VIRENDRA KUMAR BHARADWAJ Vs. PUNDAS ANCHAL

JUDGEMENT

(1.) This acquittal appeal has been preferred by the appellant against the judgment dtd. 5/8/2011 Passed by the learned Judicial Magistrate First Class, Bilaspur (C.G.), in Complaint Case No. 11/2011 by which respondent herein has been acquitted of the charge punishable under Sec. 138 of Negotiable Instrument Act, 1881.

(2.) It is an undisputed fact that both parties are relatives and acquainted with each other. It is also an undisputed fact that the cheque No. 003402 of Rs.18,00,000.00 (Eighteen Lakhs Only) of I.D.B.I. Bank dtd. 28/5/2010 was dishonoured on 9/11/2010 (Ex.-C-1). For which appellant Virendra Kumar Bharadwaj sent a legal notice (Ex.-C-5) for recovery of the said amount, but the respondent/accused has not given any reply nor given the said amount.

(3.) The prosecution story, in brief, is that accused Pundas Anchal borrowed Rs.18,00,000.00 from the appellant for purchase of a plot. Since the accused was a relative who had cordial relations with the appellant and was a government servant therefore the appellant gave the said amount to the accused/respondent. The accused assured to return the said amount within two months but the accused did not return the said amount within the said period. Thereafter, on the repeated demand of the appellant, the accused issued a cheque in question Ex.-C-1 which was deposited in the bank vide Ex.-C-2 on 8/11/2010 but due to insufficient amount in the account the same was dishonoured. For which information was given to the appellant vide Ex.-C-3 on 9/11/2010. Thereafter, on 23/11/2010 vide Ex.-C-5 a notice was sent to the accused by the appellant. Thereafter, after serving the notice, when the accused did not pay the said amount, complaint case was filed.