DINESH KUMAR KUSHWAHA Vs. AMARSAI RAJWADE

JUDGEMENT

(1.) The appellant/complainant has preferred this acquittal appeal assailing the order dtd. 4/9/2021 passed by the learned Additional Sessions Judge (F.T.C.) Baikunthpur District- Koriya (C.G.) in Criminal Appeal No. 16/2020 by which the appeal preferred by the accused/respondent has been allowed and the learned Additional Sessions Judge has set aside the order dtd. 11/2/2020 passed by the learned Judicial Magistrate First Class, Baikunthpur, District- Koriya (C.G.) in Complaint Case No. 297/2019 by which the accused has been convicted for commission of offence under Sec. 138 of the Negotiable Instruments Act sentencing him to undergo R.I. for six years with fine of Rs.1,70,000.00 and in default stipulation additional R.I. for one month.

(2.) Case of the prosecution in brief is that the complainant has filed an application under Sec. 138 of the Negotiable Instruments Act before learned Judicial Magistrate First Class, Baikunthpur, District- Koriya alleging that the accused is working in colliery and the complainant is running grossery shop wherein transaction was going on between them and accordingly, the accused sought Rs.1,75,000.00 from the complainant for his domestic necessity and assured that the amount will be returned within six months. After six months, i.e. in the month July, 2018, when the complainant asked the accused to return the amount then the accused stated that whenever he will received the amount of bonus in the month of October, 2018, he will return the entire amount. After repeated persuasion made by the complainant, the accused gave a cheque bearing cheque No. 001741 dtd. 11/12/2018 for Rs.1,58,000.00 payable at Surguja Regional Gramin Bank, Branch- Pandavpara. The said cheque was deposited by the complainant in the bank on 14/12/2018 but the same was dishonoured and returned back to the complainant due to "insufficient fund". Thereafter, the complainant sent a legal notice to the accused through his counsel in his address which was received by him but neither notice was replied by the accused nor the amount was returned back which has necessitated the complainant to file complaint.

(3.) Learned trial Court taking cognizance of the matter, sent notice to the accused and the accused examined himself under Sec. 313 of the Cr.P.C. wherein he denied the allegations leveled against him and also has taken a plea of false implication in the crime in question. In support of his contention, he has enclosed copy of agreement (Ex. P/1), copy of cheque (Ex. P/2), forwarding memo issued by Central Bank (Ex. P/3), registered legal notice (Ex. P/4) & acknowledgment (Ex. P/5).