AVINASH CHANDRA MAHROTORA Vs. AMIT AGARWAL

JUDGEMENT

(1.) - Present appeal is directed against the judgment and order dated 18.12.2009 passed by Additional Judicial Magistrate, Khatima, District Udham Singh Nagar in criminal case no. 735 of 2009 (Avinash Chandra Mahrotra Vs. Amit Agarwal) , whereby respondent was acquitted from the charge of offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "NI Act").

(2.) Brief facts of the present case, inter alia, are that complainant (appellant herein), who is an agriculturist, preferred a complaint before the court below under Sec. 138 / 142 of the Neotiable Instruments Act stating therein that appellant sold his crops to the respondent and respondent, in lieu of payment, had handed over a cheque bearing no. 791321 of dated 15.02.2006 amounting to Rs.80,000.00 of Oriental Bank of Commerce to the complainant; he deposited the said cheque with his bank viz. State Bank of India, Shakti Farm Branch, for encashment on 16.02.2006 but the said cheque was returned by the bank on 06.03.2006 with an endorsement "insufficient fund"; thereafter, appellant sent one legal notice through his Advocate on 18.03.2006 by registered post asking the respondent to make payment of cheque amount and cost of notice within 15 days from the date of receipt of notice; however, despite service of notice, respondent failed to make payment of the cheque within stipulated time; since cheque was dishonoured on the ground of "insufficient fund", therefore, respondent committed an offence punishable under Sec. 138/142 of the NI Act.

(3.) Complaint was filed by the appellant before trial court on 15.04.2006. Statement of appellant, under Sec. 200 Crimial P.C., was recorded on 15.04.2006 itself. Learned trial court, having found a prima facie case in favour of the appellant, summoned the respondent vide order dated 30.06.2006.