SUBHASH YADAV Vs. LALIT SINGH

JUDGEMENT

(1.) This petition is filed under Sec. 378 (4) of the Code of Criminal procedure assailing the impugned judgment and order dtd. 29/1/2011 passed by Judicial Magistrate First Class, Bilaspur in Criminal Case No. 358/09, whereby the court below has acquitted the Respondent No. 1 of the offence under Sec. 138 of the Negotiable Instrument Act.

(2.) Brief facts of the case is that the non-applicant gave a cheque to the applicant of sum of Rs.2,00,000.00 and after assurance to make disbursement from the Bank, the applicant presented it in the bank and it is returned back with report that there is no sufficient amount in the account of the non-applicant. The applicant sent notice within time and requested to make payment of Rs.2,00,000.00 as the same was taken by the non-applicant. Therefore the appellant/complainant filed complaint under Sec. 138 of the Act.

(3.) Counsel for the appellant/complainant submits that court below have overlooked the evidence adduced by the appellant/complainant. He submits that the acquittal of the accused/respondent No.1 is improper, incorrect and bad in the eyes of law. He further submits that the trial Court has failed to consider the statement of the complainant Subhash Yadav and other witnesses who have supported the case of the complainant. Further, complainant has proved the facts that the accused has given the cheque and the same has been dishonored and returned back to the applicant due to insufficient fund. Lastly, he submits that the finding of the court below is perverse, erroneous and contrary to law.