GAJANAND BURANGE Vs. LAXMI CHAND GOYAL

JUDGEMENT

(1.) This petition is preferred against the judgment dated 31-1-2011 passed by the Judicial Magistrate First Class, Bilaspur (CG) in Criminal Case No. 185 of 2010 wherein the said Court has acquitted the respondent for charge under Section 418 and 467 of the IPC 1860.

(2.) As per case of the petitioner/complainant, he borrowed a sum of Rs.4,00,000/- from the respondent in the month of July 2003 and had drawn four cheques in favour of the respondent for clearing debts. The whole of the amount of Rs.4,00,000/- was returned to the respondent, but the respondent misused one cheque bearing No. 708057 and filled up amount of Rs.2,50,000/- in the said cheque to cause damage to the appellant which is an offence of cheating punishable under Section 418 and forgery punishable under Section 467 the IPC. The case resulted into acquittal by the trial Court.

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