BALI SINGH Vs. KAPIL PATEL

JUDGEMENT

(1.) The instant appeal has been preferred by the Complainant against the judgment dated 22. 5. 2017 passed by the Judicial Magistrate First Class, Basna, District Mahasamund in Complaint Case No. 347 of 2015, 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 a complaint case was filed by the Appellant/Complainant before the Judicial Magistrate First Class. According to the complaint case, the Respondent/accused had mortgaged a land with the Complainant and borrowed a sum of Rs. 1,00,000/- from him against the said mortgaged property. Later on, the Respondent agreed to sell the said mortgaged land to the Complainant for a consideration of total Rs. 4,85,000/-. The Respondent received the remaining amount of consideration of Rs. 3,85,000/- from the Complainant in cash. But, later on, he refused to sell the the said mortgaged land to the Complainant. Thereafter, on 7. 8. 2015, the Respondent gave a cheque No. 970163 for Rs. 4,85,000/- as a refund to the Appellant/Complainant. On 7. 8. 2015 itself, the Appellant submitted the said cheque in the bank, but, due to insufficient fund in the bank account of the Respondent, the cheque was dishonoured. On 24. 8. 2015, the Appellant sent a legal notice to the Respondent for demand of the said money. The notice was received to the Respondent on 26. 8. 2015. the Respondent did not give him the requisite amount within the stipulated period. Therefore, the Appellant filed the complaint case.

(3.) The Complainant examined himself and one other witness, namely, Dipanshu Shankar Sahu, Deputy Manager of Punjab National Bank, Basna. In the statement recorded under Section 313 of the Code of Criminal Procedure, the Respondent/accused denied the guilt. No witness has been examined in his defence.