OMPRAKASH JAIN Vs. JAMUNA DEVI THAKUR

JUDGEMENT

(1.) This Appeal is directed against the judgment dtd. 25/6/2010 passed by the Judicial Magistrate 1st Class, Durg whereby the respondent/accused has been acquitted of the charge under Sec. 138 of the Negotiable Instruments Act.

(2.) Prosecution case is that the complainant is running the business of gold and silver jewellery and a general store. There is old relation with the husband of the respondent/accused being an old customer. The respondent/accused was also familiar to the complainant. The respondent/accused has taken a loan of Rs.3,50,000.00 from the complainant and for its payment, she had given a cheque (Ex.-P/1) of Rs.3,50,000.00 on 1/6/2004. When the complainant presented the said cheque for withdrawal before the concerned bank, the bank vide Ex.-P/2 informed him on 2/6/2004 about dishonour of the said cheque due to insufficient funds and the account has also been closed. Thereafter a legal notice was sent to the respondent/accused vide Ex.-P/8 on 8/6/2004. After receiving the said notice, vide Ex.-P/6 and P/7, when the respondent/accused has not made any payment, a complaint was filed on 2/7/2004.

(3.) During trial, the respondent/accused abjured her guilt and claimed to be tried. After completion of the trial, the trial Court has acquitted the respondent/accused. Hence this Appeal.