OM PRAKASH TANEJA Vs. RAJ KUMAR

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 07.05.2011 of learned Addl. Sessions Judge in Crl.A.No.04/2011 by which orders on conviction and sentence dated 29.01.2011 and 04.02.2011 respectively of learned Metropolitan Magistrate in the proceedings instituted under Section 138 Negotiable Instruments Act were set aside. The appeal is contested by the respondent.

(2.) I have examined the file. The appellant in the proceedings under Section 138 Negotiable Instruments Act examined himself as CW-1; whereas the respondent appeared as DW-1 besides examining DW-2 (Ramesh Chandra) and DW-3 (Ashok Kumar). The Trial Court by a judgment dated 29.01.2011 held the respondent guilty for committing offence under Section 138 Negotiable Instruments Act. Aggrieved by the said orders, the respondent went in appeal and it resulted in setting aside of the orders on conviction and sentence. Being dissatisfied, the appellant has come in appeal.

(3.) In the complaint under Section 138 Negotiable Instruments Act, the appellant claimed that in September, 2003 the respondent and his associate Ramesh Chandra (since acquitted) had approached him for acquiring certain gold ornaments worth around Rs. 4 lacs. The respondent had issued two post-dated cheques No.408915 and 408916 dated 08.10.2003 as 'consideration' for the ornaments given by him (the complainant). A receipt (Ex.CW-1/3) was executed. On presentation, the cheques were dishonoured.