SANJAY VERMA Vs. GOPAL HALWAI

JUDGEMENT

(1.) Petitioner impugns judgment dated 19.12.2014 whereby the Appellate Court has set aside the judgment dated 23.09.2013 of the trial court. The Trial Court by the impugned judgment dated 23.09.2013 had convicted the respondent of an offence under Section 138 of the Negotiable Instruments Act.

(2.) The Appellate Court has reversed the judgment and acquitted the respondent of the offence under Section 138 of the Negotiable Instruments Act.

(3.) Complaint was filed by the petitioner herein contending that a friendly loan of Rs. 4,90,000/- was given to the respondent as they had good relations and in discharge thereof the respondent had issued the subject cheque dated 03.11.2009 for Rs. 4,90,000/-. When the cheque was presented, it was returned unpaid for the reasons 'insufficient funds'.