GAURAV OMPRAKASH JAJU Vs. SHAKTI FABRICS

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.2.2009 rendered by the Special Court, Nagpur, under Section 138 of the Negotiable Instruments Act ( in short "the N.I. Act") in Criminal Case No.9182 of 2007, whereby the complaint of the appellant has been dismissed and respondent/accused has been acquitted of offence punishable under section 138 of the NI Act.

(2.) AppellantGaurav Jaju averred in the complaint that he had lent an amount of Rs. 70,000/to the accused on the recommendation of his brother Subhash on 5.12.200 which amount, was agreed to be returned by accused within a month free of interest. Cheque bearing No.114388 dated 5.1.2007 for Rs 70,000/drawn upon Punjab National Bank was issued by accused in favour of the appellant for the purpose of repayment. On the request of accused, the complainant did not present the cheque for encashment on 5.1.2007 or immediately thereafter. He, however, presented the cheque in May, 2007 which was dishonoured with remarks "funds insufficient" and returned to his bankers unpaid. Complainant served demand notice in writing upon respondent by RPAD. Although served, the demand made in the legal notice was not complied with. Therefore, appellant /complainant filed Complaint under section 138 of the N.I. Act against the accused.

(3.) Defence of the accused as is revealed from his statement recorded under section 313 of Cr.P.C., is that Subhash, brother of complainant, might have stolen cheque in question from his Shop as he was not in his shop for about 2/3 months on account of illness of his daughter and that cheque must have been misused by complainant. Accused claimed that he does not know complainantGaurav and since Shop of Subhash (complainant's brother ) is adjacent to his shop, he has cordial relations with Subhash. It was further claimed that false case has been instituted against him.