ASSOCIATE AUTOMOBILES BHILAI Vs. AZAD ALAM

JUDGEMENT

(1.) This appeal is preferred against judgment dated 15-2-2-12 passed by the Judicial Magistrate, First Class, Durg, (CG), in complaint case No. 960/2011, wherein the said Court acquitted the respondent for charge under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act 1881').

(2.) As per version of the appellant/complainant, respondent had to pay sum of Rs.1,10,000.00 for repairs of Truck to appellant, in discharging liability he issued a cheque amounting to Rs.1,10,000.00 on 16-11-2007. The cheque was placed for encashment before the Central Bank of India, Bhilai Nagar, but same was dishonoured on account of insufficient fund. A notice was issued by the appellant to respondent for payment of sum and even notice the amount was not paid, therefore, complaint was filed. After hearing both sides, the trial Court acquitted the respondent as mentioned above.

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