CHHEDI LAL SHAHJIT Vs. RAJESH GUPTA

JUDGEMENT

(1.) This Acquittal Appeal filed by the appellant/complainant under Sec. 378 of the Cr.P.C. arises out of the judgment dtd. 1/2/2016 passed by the Additional Sessions Judge, Durg in Criminal Appeal No. 137/2015, whereby the learned trial trial Court acquitted the respondent No.1 herein of the charge under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the NI Act).

(2.) Brief facts as projected by the appellant/complainant are that the complainant had provided to respondent No.1, a sum of Rs.20,000.00, Rs.15,000.00 and Rs.15,000.00 respectively as loan and as against the said amounts, the respondent No.1 also given three cheques of the same amount to the complainant on 6/11/2011, 21/11/2011 and 2/12/2011 respectively. The complainant submitted those cheques in the State Bank of India, Sector-1, Bhilai on 24/2/2012, but the same were dishonoured as informed by the Bank on 27/2/2012 whereupon the complainant issued a legal notice to the respondent No.1 on 3/3/2012, despite that, the respondent No.1 did not repay the same. Thereafter, the complainant is constrained to file a complaint under Sec. 138 of the NI Act before the J.M.F.C. Durg.

(3.) Learned J.M.F.C., after appreciating the evidence on record, vide its judgment 28/9/2015 passed by the Judicial Magistrate First Class, Durg in Complaint Case No. 345/12, held respondent No.1 guilty under Sec. 138 of the NI Act and accordingly he was convicted and sentenced to RI for 6 months with compensation amount of Rs.55,000.00 and in default thereof, to further undergo SI for one month. Against the said judgment, both the complainant and respondent No.1 preferred separate appeals before the Additional Sessions Judge, Durg, and the appellate Court vide its judgment dtd. 1/2/2016, allowed the appeal of respondent No.1 while acquitting him of the charge whereas dismissed the appeal of the complainant. Hence, this appeal by the complainant.