(1.) Instant appeal is directed against the judgment dtd. 19/4/2018 passed in Criminal Case No. 19 of 2014, Birendra Singh Chauhan Vs. Sohan Lal Kala (for short, "the case") by the court of Chief Judicial Magistrate, Pauri Garhwal. By the impugned judgment and order, the respondent has been acquitted of the accusation under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act").
(2.) Briefly stated, according to the appellant, he filed a complaint under Sec. 138 of the Act, against the respondent on 8/1/2014. According to it, both the appellant and the respondent were known to each other. The appellant advanced Rs.4.00 Lakh to the respondent. The respondent assured to return it within a period of six months. The respondent did not return the money. When the appellant made repeated requests, on 20/11/2013, according to the appellant, the respondent gave him two cheques of Rs.3.00 Lakh and Rs.1.00 Lakh each. The cheques, when presented, were dishonoured. Thereafter, the appellant gave a notice on 2/12/2013 to the respondent, but the respondent did not pay the money. Hence, the complaint.
(3.) After conducting inquiry in the case, cognizance was taken under Sec. 138 of the Act on 11/8/2017. The accusation was stated to the respondent. At this stage, the respondent replied that he had returned the money to the appellant. He admitted to have given the cheques to the appellant.
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