P.S. VERMA Vs. SURESH KUMAR

JUDGEMENT

(1.) This appeal is preferred against judgment dated 19.9.2013 passed by Sixth Additional Sessions Judge, Durg, in Criminal Appeal No.68/2011 wherein the said Court reversed the judgment of conviction and order of sentence passed by Judicial Magistrate First Class, Durg in Criminal Case No.330/2011 and acquitted the respondent for the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act 1881').

(2.) Complaint was filed by the appellant before the trial Court against the respondent alleging that respondent obtained loan from the appellant on different dates amounting to Rs.80,000/- and for discharging of the debt the respondent issued cheque in favour of the appellant bearing cheque No.156750 dated 12.8.2002 of Nagarik Sahakari Bank, Durg. The appellant deposited the said cheque in UCO Bank Branch Kohka but the same was dishonoured. The cheque was again deposited on 04.11.2002 but again it was dishonoured by the bank on 06.11.2002 on account of insufficient fund. On 08.11.2002 the appellant has sent registered notice through his counsel which was received by the respondent on 11.11.2002 but the amount was not returned by the respondent, that is why complaint was filed before the Court of Judicial Magistrate First Class, Durg which was registered as Criminal Case No.330/2011. After hearing both sides, the trial Court convicted the respondent for the offence under Section 138 of the Act, 1881 and sentenced him to undergo simple imprisonment for six months and to pay fine of Rs.1 lakh with default stipulation. The respondent preferred appeal against the said order which was registered as Criminal Appeal No.68/2011 and the appellate Court allowed the appeal and acquitted the respondent.

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