MOHAMMAD MUSTAFA KHAN Vs. MOHAMMAD MUSTAFA ANSARI

JUDGEMENT

(1.) This petition is preferred under Section 378 (4) of the Code of Criminal Procedure, 1973 against judgment dated 07.05.2018 passed by Judicial Magistrate First Class, Raipur, District- Raipur (C.G.) in Complaint Case No. 575/2015, wherein the said court dismissed the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act, 1881").

(2.) As per case of the prosecution, the respondent was tenant of the petitioner/complainant and thus both were familiar to each other and due to this relation, the respondent demanded Rs. 1,00,000/- for his business and amount of Rs. 1,00,000/- was given to the respondent on 20.06.2014. The respondent issued a cheque in favour of the petitioner on 26.10.2014 for repayment of the said amount. The cheque was presented on 31.10.2014 at State Bank of India, New Rajendra Nagar Branch, Raipur and on 01.11.2014, the same stood dishonoured due to insufficient fund. Legal notice was sent by the petitioner on 07.11.2014 demanding the cheque amount, but amount was not repaid that is why a complaint was filed on 16.12.2014. As per version of the respondent, blank cheque was issued by him, but mischiefing, the same was utilized by the petitioner.

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