VIJAY KUMAR AGRAWAL Vs. PARMANAND MISHRA

JUDGEMENT

(1.) Challenge in this appeal is the judgment of acquittal dtd. 24/1/2014, passed by learned Judicial Magistrate First Class, Raigarh, in Criminal Case No. 61 of 2012, whereby the Respondent No.1 has been acquitted from the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (in short "NI Act").

(2.) The brief facts of the case are that the Appellant/complainant and Respondent No.1/accused are well acquainted and they are having business transactions with each other. On account of necessity of fund for the business transaction, Respondent No.1/accused has borrowed Rs.77,000.00 from the Appellant with the assurance to refund it in near future. When the amount was not repaid, on the demand of Appellant/complainant, Respondent No.1/accused had given him two cheques, bearing Cheque No. 009839 dtd. 21/4/2007, amounting to Rs.60,000.00 and Cheque No. 009841 dtd. 25/4/2007, amounting to Rs.17,000.00, which was of the account of Respondent No.1 running at Raigarh Nagrik Sahkari Bank Maryadit, Raigarh. When the said cheques were deposited in the account of Appellant/complainant, the same was dishonored by the Payee Bank on 18/7/2007 for want of sufficient balance in the account of Respondent No.1/accused.

(3.) On 8/8/2007, a demand notice was issued to the Respondent No.1/accused by the Appellant through his counsel. On 11/8/2007, the demand notice has been served upon the Respondent No.1/accused, despite that he has not paid the amount of the above two cheques and ultimately a complaint case under Sec. 142 of NI Act read with Sec. 200 of CrPC for the offence under Sec. 138 of NI Act and Sec. 420 of IPC has been filed. The complaint case has been filed on 10/9/2007, which has been registered on 27/10/2007, and summons was issued to Respondent No.1/accused.