LAXMI CHAND GOYAL Vs. GAJANAND BURANGE

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 1-2-2011 passed by the Judicial Magistrate First Class, Bilaspur (CG) in Complaint Case No. 184 of 2010 wherein the said Court has acquitted the respondent for charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act, 1981").

(2.) As per case of the appellant/complainant, on 23-10- 2005 the respondent/accused borrowed a sum of Rs.2,50,000/- from him for the purpose of extension of business and for returning the said amount he had drawn a cheque bearing No. 708057 dated 28-10-2005 in favour of the appellant. The said cheque was presented before the Bank for clearance, but the same was dishonoured on 29-10- 2005 with endorsement of exceeds arrangement. On 7-11- 2005 the respondent was served with legal notice but he failed to repay the amount of cheque that is why complaint under Section 138 of the Act, 1881 was filed against the respondent before the trial Court which resulted into acquittal.

(3.) Learned counsel for the appellant would submit as under: