LAXMI DUTTA JAIN Vs. GIRI RAJ SINGH

JUDGEMENT

(1.) VIDE this petition, the petitioner/complainant has assailed judgment dated 01.07.2011 passed by learned Metropolitan Magistrate, whereby the respondent/accused has been acquitted in a case under Section 138 Negotiable Instrument Act, 1881 (hereinafter referred to as `NI Act').

(2.) LEARNED counsel for the petitioner submits that the cheque was admittedly issued by the respondent in favour of the petitioner. It is also admitted that the cheque was dishonoured due to `insufficient funds'. He further submits that the cheque in question was given against the sale consideration of the house. Further submits that there is no `stop-payment' of the cheque in question by the respondent.

(3.) THE defence of the respondent has also been recorded by the learned Magistrate, inter alia, that respondent had admitted the execution of the sale deed as well as handing over of the cheque in question, however, he has taken the defence that the said cheque was given by way of security and the amount thereof was paid in cash on the very day of execution of the sale deed, by withdrawing the amount of `1,30,000/- from his bank and `1,60,000/- from the account of his wife and placed the same on record i.e. the copies of their account in the bank passbook as Ex.DW1/A to Ex.DW1/D.