REKHA GUPTA Vs. BALARAM CHANDRAVANSHI

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. 11/1/2023 (Annexure A/1) passed by the learned Additional Chief Judicial Magistrate District - Kabirdham, Kawardha (C.G.) in Criminal Case No. 143/2020 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. 033953 dtd. 8/7/2019 (Exhibit P/1), Cheque Return Memo dtd. 2/9/2019 (Exhibit P/2), Legal Notice dtd. 1/10/2019 (Exhibit P/3), Postal Receipt (Exhibit P/4), postal delivery (Exhibit P/5) in support of his complaint. The witness was cross-examined wherein he has admitted that she is in Government service since 2014 and working as dispatch clerk getting salary of Rs.10,000.00 and her two children were also studying and her annual expenditure about 1,50,000/-. She has also admitted that she knew the accused since 2017 and when he has taken Rs.12,00,000.00 the date is not remembered by her. She has stated that the accused has taken Rs.12,00,000.00 in three installments for his business purpose and in the year 2018 the accused has taken Rs.10,00,000.00 for marriage of her daughter. She has stated in the year 2017 the amount was given to accused in the office of some advocate. She has also admitted that on 6/11/2019 the accused has deposited Rs.2,00,000.00 in her bank account and denied that interest has also been paid. She has admitted that she has taken the amount towards security. She has admitted in paragraph 22 that her father has sold the property at Bilaspur for sale consideration of Rs.70,00,000.0075,00,000/- and out of which her father has given Rs.25,00,000.00, but she has not submitted any document. She has also admitted that the money was deposited in the form of Fixed Deposit, but she has not submitted the document.