STEEPHEN Vs. SUDHI

JUDGEMENT

(1.) The appellant is the complainant. Challenge in the appeal is directed against the judgment of the trial court acquitting the first respondent/accused of the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (hereinafter referred to as 'the Act').

(2.) The case of the complainant is as follows: The complainant and the accused were acquainted with each other. The accused had borrowed an amount of Rs.35,000/- from the complainant. When the complainant demanded repayment of the amount, the accused signed a cheque dated 28.09.2007 for Rs.35,000/- and gave it to him. The complainant presented the cheque in the bank. It was dishonoured for the reason that there was no sufficient amount in the account of the accused. The complainant sent a lawyer notice to the accused demanding payment of the amount of the cheque. The accused did not claim the notice. He did not pay the amount.

(3.) During the trial of the case, PW1 was examined and Exts.P1 to P6 were marked on the side of the complainant. No evidence was adduced by the accused. The trial court found that the complainant failed to prove execution of the cheque by the accused and the presumption under Section 139 of the Act cannot drawn in his favour and found the accused not guilty of the offence punishable under Section 138 of the Act and acquitted him.