BULAKIRAM DEWANGAN Vs. RAKESH BABU SHRIWAS

JUDGEMENT

(1.) This appeal is preferred against judgment dated 29.6.2011 passed by Judicial Magistrate First Class, Ambagarh Chowki, in Criminal Case No.15/2010 wherein the said Court acquitted the respondent for the charges under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act 1881').

(2.) As per the appellant, he and the respondent were class mates and neighbours and both are working as Shiksha Karmi Grade-II. In the month of June 2009, when the respondent/accused misused the fees of the students, he requested the appellant to help him in the peculiar circumstances of his service. Considering the critical position of the respondent, the appellant agreed to give him Rs.80,000/- on 25.6.2009 and on the same date the respondent orally promised to return the amount within three months. After the stipulated period, the amount was not returned but the respondent gave the appellant a cheque bearing No.978282 dated 01.10.2009 issued by Dena Bank Branch at Ambagarh Chowki. When the cheque was presented for clearance, the same was dishonoured due to insufficient fund. The appellant issued a legal notice in relation to dishonour of cheque but after receiving the notice the respondent failed to remit the balance within the stipulated period and there was no such option available to the appellant except to file a complaint under Section 138 of the Negotiable Instrument Act, 1881. However, the trial Court acquitted the respondent from the charges, hence the appeal.

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