KUMARIL HIRWANI Vs. VISHNU SOREN

JUDGEMENT

(1.) This appeal is preferred under Sec. 378(4) of the Code of Criminal Procedure, 1973, against the judgment dtd. 23/9/2021 passed in Criminal Appeal No. 108/2019 by learned Sessions Judge, Rajnandgaon, District - Rajnandgaon (C.G.), whereby the respondent has been acquitted for the offence punishable under Sec. 138 of N.I. Act. Criminal Appeal No. 108/2019 arose out of judgment dtd. 30/10/2019, in Criminal Case No. 3271/2017 by the Judicial Magistrate First Class, Rajnandgaon, District Rajnandgaon (C.G.), wherein the respondent was convicted and sentenced for the offence punishable under Sec. 138 of N.I. Act.

(2.) The facts of the case, in brief, were that complainant/appellant Kumaril Hirwani, describing accused Vishnu Soren as a neighbour and acquaintance of his brother-in-law, filed a complaint alleging that the accused had borrowed 1,50,000 (one lakh fifty thousand rupees) from him to meet household needs. To repay the amount, the accused provided the complainant with an account payee cheque No. 022512, dtd. 05/05/2017, for the amount of 1,50,000 (Ex.P-1), from his account with UCO Bank, Naya Raipur branch. The complainant deposited the check in his account with the State Bank of India, Dongargaon branch, for payment. However, according to the memorandum received from the bank, Exhibit P-2, dtd. 21/06/2017, the check was returned unencashed due to insufficient funds in the account. Subsequently, the complainant sent a legal notice (Exhibit P-3) to the accused demanding the amount, the registered postal receipt of which is Exhibit P-4. The accused refused to accept the notice and was returned as Exhibit P-5 with a note. When the accused failed to pay the check amount within 15 days of receiving the notice, the complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act on 07/09/2017. During trial, only the complainant examined himself. In his statement under Sec. 313 of the Code of Criminal Procedure, the accused denied the complainant's evidence, declared himself innocent, and presented no evidence in his defence.

(3.) Vide judgment dtd. 30/10/2019 passed by the trial Court, Judicial Magistrate First Class, Rajnandgaon, District-Rajnandgaon, (C.G.) in Criminal Case No. 3271/2017 "Kumaril Hirwani vs Vishnu Soren", the accused was convicted and sentenced as under:- <IMG>JUDGEMENT_40_LAWS(CHH)11_2025_1.jpg</IMG>