AMIT SINGH Vs. VISHAL JAIN

JUDGEMENT

(1.) The present acquittal appeal has been filed by the complainant/appellant herein against the judgment dtd. 13/7/2017 passed in Criminal Complaint Case No. 100/2012 by the learned Judicial Magistrate First Class, Raipur (C.G.), whereby the learned trial Court acquitted the accused/respondent herein from the charge punishable under Sec. 138 of the Negotiable Instrument Act (for short 'the N.I. Act').

(2.) Brief facts of the case are that accused/respondent and appellant/complainant were having cordial relationship and due to this cordial relationship, accused/respondent demanded Rs.25,00,000.00 on credit. Firstly, the appellant/complainant refused to give, however on the assurance of quick repayment and repeated request of accused/respondent, he gave him Rs.25,00,000.00 in cash. After passage of some months, upon demand made by complainant/appellant to return the money, the accused/respondent gave him a cheque bearing No.150360 amount to Rs.25,00,000.00 dtd. 8/10/2011 drawn on Commercial Co-operative Bank Limited, Branch Raipur. The complainant/appellant presented the said cheque given by the accused/respondent in discharge of his obligation to his Federal Bank Limited, Raipur for withdrawal, who came to know through the memorandum issued by the bank on 10/10/2021 that the above cheque was dishonored due to 'Stop Payment' by the accused/respondent. Upon informing the accused/respondent through telephone and demanding the amount by the complainant/appellant, the accused/respondent neither paid the aforesaid amount nor gave satisfactory reply in this regard. Thereafter, on 22/10/2011, the complainant/appellant served a legal notice with acknowledgment through his advocate to accused/respondent but the same was returned to his advocate on account of refused to accept and the accused/respondent did not pay the amount to the complainant/appellant which is an offence punishable under Sec. 138 of the N.I. Act. Since, the amount was not paid, the complaint case under Sec. 138 of N.I. Act was filed.

(3.) The trial Court took cognizance of the complaint and issued notice to the accused/respondent herein who then appeared in the matter. The trial was conducted and the learned Judicial Magistrate First Class, after appreciating oral and documentary evidence, acquitted the accused/respondent herein on this ground that it was not proved that the accused/respondent had obtained a loan of Rs.25.00 Lakh from the complainant/appellant and in discharge of the said loan liability, he had given the disputed check of Rs.25.00 Lakh to the complainant and dismissed the complaint case for want of authenticity, which sought to be challenged by filing the instant appeal.