RAMPAL SINGH Vs. ASHIRVAD S/O SRI RISHIRAJ

JUDGEMENT

(1.) This appeal, preferred by the appellant/ complainant u/s 378(4) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 31.10.2014 passed by learned Special Judicial Magistrate, Kashipur (U.S. Nagar) in Criminal Case No.992 of 2013, whereby the Court below has acquitted the accused/respondent Ashirvad u/s 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as 'the Act').

(2.) Facts, in brief, are that the appellant/ complainant filed a complaint with the averments that he is an agriculturist by profession whereas the respondent- accused is having a Seed Plant in Jaspur. In the year 2013, the accused purchased wheat for his plant from the complainant, in lieu of which, he gave the cheque no.007269 dated 5.1.2013 drawn at Punjab National Bank, Branch Jaspur with the assurance that as and when it is presented, the same will be en-cashed. The complainant thereafter deposited the said cheque within the time prescribed in the cheque, for payment in his account at SBI Branch Jaspur. But the bank dishonoured the said cheque showing the reason 'exceeds arrangement' and informed the complainant accordingly. The complainant informed the accused about the same but he kept on avoiding the same. Finally, the accused sent a legal notice through his advocate on 26.4.2013 requesting the applicant to make payment of cheque within 15 days of receipt of notice which was served on the complainant on 29.4.2013 but even after service, neither the accused gave any reply and nor did he make payment of the said cheque.

(3.) The complainant, in support of his case, submitted his affidavit u/s 200 Cr.P.C. besides certain other documents in evidence. The accused was thereafter summoned to face trial u/s 138 of the Act. The accused appeared and his statement was recorded u/s 251 Cr.P.C.