SHAMIM BANO Vs. SHABANA KHAN @ SONI

JUDGEMENT

(1.) This acquittal appeal is preferred under Section 378 (4) of the Code of Criminal Procedure, 1973 against judgment dated 14.07.2014 passed by Judicial Magistrate First Class, Bilaspur (C.G.) in Criminal Case No. 324/2012, wherein the said court acquitted the respondent for commission of offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act, 1881").

(2.) As per case of the prosecution, the appellant/complainant and the respondent were residing in the locality of Rajendra Nagar and were having family relation prior to February, 2012. In the month of January, 2012, the respondent was dire in family financial assistance and a cheque for sum of Rs. 2,00,000/- was given to the respondent by the appellant as loan and for discharging of loan, the respondent drawn a cheque of Rs. 2,00,000/- in favour of the appellant. The respondent thereafter shifted to Sambalpur District of Orrisa State and in spite of several efforts, the amount which had been taken by the respondent as loan, has not been refunded. The appellant produced cheque for clearance, but the same has been dishonoured on 6th September, 2012. The appellant sent legal notice for demand of legal liability on 17th September, 2012 and the same was received by her on 20th September, 2012, but the amount was not repaid that is why a complaint under Section 138 of the Act, 1881 was filed before the trial court. The trial court dismissed the complaint on the ground that the cheque which was issued for security of loan does not come under legally enforceable debt, therefore, provision under Section 138 of the Act, 1881 is not attracted and notice to the respondent is not served on the address of District-Sambalpur (Orissa).

(3.) Learned counsel for the appellant/complainant submits as under:-