SURJEET SINGH Vs. ANIL KUMAR DIWAN

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 07.10.2013 passed by Judicial Magistrate First Class, Durg (CG) in Criminal Complaint Case No.671/2013, wherein the said Court acquitted the respondent for the charges under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act 1881').

(2.) As per the case of the appellant/complainant the respondent/accused had purchased a truck from him for a consideration of Rs.4 lakh and in order to make the payment of balance amount the respondent issued two cheques bearing No.291076 and 291077 dated 21.4.2005 and 21.6.2005 respectively each amounting to Rs.50,000/- of Jila Sahakari Kendriya Bank Maryadit. Both the cheques were deposited for clearance but returned unpaid on account of insufficient fund on 28.9.2005. After dishonour of both the cheques the appellant sent a legal notice dated 11.10.2005 by registered post but even after service of notice the respondent did not repay the amount. Thereafter complaint under Section 135 of the Act 1881 was filed before the trial court which resulted into acquittal.

(3.) Learned counsel for appellant submits as under: (i) Though the cheques were issued by the respondent but he did to repay the amount to the appellant after service of notice and the trial Court wrongly concluded that the amount was already refunded to the appellant. (ii) The trial Court has erred in not appreciating the documents and not appreciating the documentary evidence available in the record therefore, the finding of the trial Court is liable to be set aside.