VIRENDRA KUMAR SAHU Vs. RAVI PRAKASH THAKUR

JUDGEMENT

(1.) The present acquittal appeal has been preferred by the appellant/complainant against the judgment of acquittal dtd. 18/9/2007 passed by the learned JMFC, Raipur (CG) in Criminal Complaint No.179/2006 (Annexure A/1), whereby the respondent has been acquitted of the charges punishable under Sec. 138 of hte Negotiable Instrument Act, 1881.

(2.) Brief facts of the case are that the appellant and the respondent were known to each other and the respondent had taken loan amounting to Rs.5,25,000.00 from the appellant for his business and for which the respondent had issued cheques and when the cheques were presented before the bank for encashment, the same got dishonored, upon which the appellant intimated the respondent about the same but no heed was paid by him and thereafter even legal notice was sent to the respondent on 31/10/2003, but all went in vain, which resulted into filing of a complaint by the appellant before the Trial Court.

(3.) Before the Trial Court, the appellant/complainant examined himself as CW-1, Rupender Jain as CW-2 and Ashok Gupta as CW-3. On the other hand, the accused examined himself as DW- 1 and Uttpal Bhattacharya as DW-2. The statement of accused was also recorded under Sec. 313 of CrPC, in which he pleaded not guilty.