B.B. SHARMA Vs. LUXMAN BHARTI

JUDGEMENT

(1.) This Acquittal Appeal has been preferred against the judgment dtd. 31/1/2014 passed by the Judicial Magistrate First Class, Durg (C.G) in Complainant Case No.64/2011, whereby the respondent/accused has been acquitted of the charge under Sec. 138 of the Negotiable Instrument Act, 1881.

(2.) Brief facts of the case are that the complainant/appellant and the respondent/accused were familiar to each other and on 15/4/2011 the complainant has advanced the friendly loan for the personal needs to the respondent/accused to the tune of Rs.11,000.00 in cash. The respondent/accused has promised to return the same within a period of one month. When he failed to return the said money within the stipulated period, he gave a cheque of Rs.11,000.00 vide Ex-P/1 to discharge the said liability on demand. On 25/5/2011 the complainant presented the said cheque before the bank vide Ex-P/2. On 27/5/2011, the Bank has informed about the dishonour of cheque due to insufficiency of the fund vide Ex-P/3. Thereafter, a legal notice was sent on 28/5/2011 to the respondent/accused Ex-P/4 and a demand of the cheque amount was also made, however, when the respondent/accused failed to pay the said amount within 15 days, when the complaint has been filed on 20/6/2011.

(3.) After registration of the case, during trial, the respondent/accused abjured his guilt and claimed to be tried.