JITENDRA AGARWAL Vs. GAURAV SHARMA

JUDGEMENT

(1.) This is an appeal preferred by the appellant assailing the judgment and order dtd. 23/7/2014 passed by learned Special Judicial Magistrate, Rishikesh, District Dehradun, in C.G. No.745 of 2014 Jitendra Agarwal Vs. Gaurav Sharma, whereby, the said Court had acquitted the respondent for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as 'the Act').

(2.) The facts in brief are that the respondent was well known to appellant and was used to lend money from time to time from the appellant. On 3/11/2008, the respondent had borrowed Rs.2,00,000.00 from the appellant in cash for two months and at the same time gave him a pre-filled cheque with the date 3/1/2009 marked on it after two months. The respondent signed it in his presence, but, the said cheque was dishonored due to payment stoppage by the Drawer, when the appellant deposited the said cheque in his PNB account, thereafter, the appellant on 14/1/2009 sent a legal notice through registered post, which was duly received by the respondent on 17/1/2009. When the respondent did not return the said amount within prescribed time, then the appellant filed a criminal complaint against the respondent under Sec. 138 of the Act before the learned Special Judicial Magistrate, Rishikesh, which was registered as Criminal Complaint Case (C.G.) No.745 of 2009 Jitendra Agarwal Vs. Gaurav Sharma.

(3.) During trial, as many as two witnesses were produced by the prosecution in order to prove its case. Thereafter, the statement of respondent/accused person was recorded under Sec. 313 of the Cr.P.C., in which, he denied the appellant's story. The Trial Court at the end of trial has recorded the findings of acquittal. Hence, this Appeal.