VARDHMAN GRAMIN BIGARSHETI SAHAKARI PATSANSTHA LIMITED Vs. SUDHIR

JUDGEMENT

(1.) Original complainant, who had instituted proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 [NI Act] is hereby assailing the judgment and order of learned JMFC dtd. 14/3/2017 acquitting the present respondent from offence under Sec. 138 of the NI Act.

(2.) Learned counsel for the appellant appraised this court about relations between complainant-appellant and respondent-original accused regarding complainant to be a registered cooperative society involved in the business of lending loans and present respondentaccused to be its borrower. It is pointed out that vehicle loan was obtained by respondent to the tune of Rs.3,27,595.00 and on date of complaint, amount of Rs.2,23,108.00 was due towards accused. That, accused issued cheque for the said amount dtd. 10/2/2014, but it was dishonoured and therefore statutory notice was issued. However, in spite of its receipt, when there was no repayment of cheque amount, proceedings under Sec. 138 of the NI Act were instituted.

(3.) It is pointed out that all necessary ingredients for attracting Sec. 138 of the NI Act were available on record. Authorized person on behalf of complainant had adduced evidence at Exhibit 18. Documentary evidence of amount due was quoted in the complaint. The cheque in question which was dishonoured, was also placed along with bank memo and copy of notice. Evidence of witness on behalf of complainant had remained intact. There was strong presumption as neither issuance of cheque nor signature over it was questioned or denied and therefore, full proof case was made out. He further pointed out that learned trial court still acquitted the accused by holding that there is mismatch between amount due and cheque amount and consequently it has been held by trial court that account extract reflecting dues was not placed on record. Simplicitor on such grounds, acquittal has been granted. For all above reasons, learned counsel for the appellant prays to set aside the impugned judgment passed by learned JMFC by allowing the appeal. Learned counsel seeks reliance on the ruling of the Hon'ble Apex Court in the case of Bir Singh v. Mukesh Kumar (2019) 4 SCC 197.