TULSI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been field against the judgment and order dated 6.8.1996 passed by the Judicial Magistrate, Kashipur, District Nainita! thereby dismissing the criminal complaint and acquitting the accused Rameshwar Chandra for the charge under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the Act).

(2.) Brief facts of the case, as per complainant Smt. Tulsi Devi, are that she is sole proprietor of Tarai Cement Stores, Shishu Mandir Road, PS Bajpur District Nainital. Accused Rameshwar Chandra had purchased Cement worth Rs. 30,030 from her store. Two cheques of Bareilly Corporation Bank, Bazpur dated 31 7.1993 and 31.3.1994 of Rs. 15,000 each were given in lieu of cement purchased and Rs. 30 was paid in cash. When the cheque dated 31.7.1993 bearing No. 085507 was presented for encashment in Bareilly Corporation Bank Bazpur, it was dishonoured on account of insufficient funds in the account of Rameshwar accused. Thereafter, a notice dated 12.10.1993 was issued which was served upon the accused on 13.10.1993. Inspite of service of the notice, accused did not make the payment, accordingly the president complaint was filed under Section 200 CrPC in the Court below against the accused Smt. Tulsi Devi appeared as PW1 and Satish Kumar appeared as PW2.

(3.) Accused was examined under Section 313 CrPC and according to him, the false complaint has been filed by the complainant against him.