ALOK TIWARI Vs. RAJ KUMAR JAIN

JUDGEMENT

(1.) The instant appeal has been preferred by the Complainant against the judgment dated 30. 3. 2009 passed by the Judicial Magistrate First Class, Pendra Road, District Bilaspur in Criminal Case No. 491 of 2007, whereby the Respondent/accused has been acquitted of the charge framed under Section 138 of the Negotiable Instruments Act (henceforth 'the Act').

(2.) Facts of the case, in brief, are that the Appellant/Complainant filed a complaint case before the Judicial Magistrate First Class, Pendra Road, District Bilaspur. According to the case of the Complainant, he gave cash of Rs. 60,000/- to the Respondent/accused and the Respondent/accused promised to repay the same in two installments. On 12. 10. 2006, the Respondent gave two post dated cheques to the Appellant/Complainant, first cheque bearing No. 073733 dated 23. 10. 2006 for Rs. 30,000/- and the second cheque bearing No. 073734 dated 23. 11. 2006 for Rs. 30,000/-. On 23. 11. 2006, the Appellant submitted both the cheques in the bank. Both the cheques were dishonoured by the bank on 17. 3. 2007 on the ground of insufficient fund in the bank account of the Respondent/accused. The Appellant/Complainant sent a demand notice to the Respondent/accused, which he received on 16. 4. 2007. The Respondent did not pay the amount of demand to the Appellant within the stipulated period. Therefore, the complaint case was filed by the Appellant/Complainant.

(3.) Before the Judicial Magistrate First Class, the Appellant/Complainant examined himself only. In the statement recorded under Section 313 of the Code of Criminal Procedure, the Respondent/accused denied the guilt. In his defence, he examined 3 witnesses, namely, Branch Manager Vijay Narayan Mishra (DW1), Vikas Jain (DW2) and Kriparam (DW3).