DEVNATH THAKUR Vs. MUKESH GAVDE

JUDGEMENT

(1.) The appellant has filed the present acquittal appeal under Sec. 378(4) of the Code of Criminal Procedure, 1973 against the order dtd. 21/5/2024 (Annexure A/1) passed by the learned Chief Judicial Magistrate Balod, District - Balod (C.G.) in Criminal Case No. 233/2019 by which the learned Magistrate has dismissed the complaint filed under Sec. 138 of Negotiable Instruments Act, 1881 (in short "N.I. Act, 1881") and acquitted the accused.

(2.) Brief facts of the case are that:

(3.) The complainant to prove his case has examined himself by way of an affidavit as provided under Sec. 145 of N.I. Act, 1881 wherein he has reiterated the stand taken in the complaint and has exhibited documents i.e. Cheque bearing No. 105258 dtd. 2/2/2019 (Exhibit P/1), Cheque Return Memo dtd. 2/2/2019 (Exhibit P/2), Legal Notice (Exhibit P/3), Postal Receipt (Exhibit P/4), Information regarding postal delivery (Exhibit P/5) Postal Delivery Notice (Exhibit P/6) and Agreement (Exhibit P/7) in support of his complaint. The witness was cross-examined wherein he has admitted that no date was mentioned in the cheque, but the contents were written by the accused in the cheque. He has also admitted that after execution of agreement dtd. 26/12/2017 the same is in his possession and denied that only signature was taken and contents have not been mentioned. He has also stated that the date in the cheque has been mentioned as 2/2/2019 by the accused. He has also admitted that he has not produced any document to demonstrate from where he has given the cheque to the accused and also admitted that when he was given the cheque he was posted in the Police Department and was getting salary of Rs.40,000.00 per month. He has also denied that forged agreement has been produced.