BAHADUR ALI Vs. RAJENDRA PATNI

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 20-01-2005 passed by the Judicial Magistrate First Class, Rajnandgaon (CG) in Special Criminal Case No.681 of 2002 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/complaint, he is having a plant for producing Kukkut Ahaar (Hen Cock Fodder) and Pashu Ahaar (Animal Fodder) in the name and style of ABIS Exports (India) Pvt. Ltd., Baldeo Bag, Rajnandgaon (CG) whereas respondent is Proprietor of Rajendra Traders, Industrial Area, Dhamdha Road, Durg (CG) and he was appointed as Clearing and Forwarding Agent for the above said fodder. Respondent received fodder on various dates from the appellant and in the month of March 2000 he was under obligation to pay the amount to the tune of Rs.2,35,668/-. For the payment of the aforesaid amount, respondent had issued a cheque bearing No. 307810 dated 7-9-2000 in favour of the appellant which was deposited in the State bank, Rajnandgaon for clearance, but the same was dishonoured. Again, the cheque was submitted in Durg Rajnandgaon Gramin Bank which was also dishonoured due to stop payment direction issued by the respondent. The said information of dishonour of cheque was received by the appellant on 29-8-2000 and thereafter appellant issued a notice to respondent for payment of said amount on 5-9-2000 which was received by the respondent on 7-9-2000 but even after receiving the notice he did not pay the amount within 15 days as stipulated in the Act, 1881 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: