KRISHI VIKAS KENDRA GONDIA Vs. MUKUND SHRIKISHAN FUNDE

JUDGEMENT

(1.) The original complainant who has filed Criminal Case No. 1335/1991 under Section138 of the Negotiable Instruments Act has filed this appeal, as Judicial Magistrate, First Class, Gondia has dismissed the complaint and acquitted the accused.

(2.) The Judgment of acquittal is based on the finding that the transaction, in question, was by way of security and was not towards the discharge of debt or liability and, therefore, the transaction was beyond the scope of Section138 of the Negotiable Instruments Act.

(3.) The statement of accused under Section313 of Criminal Procedure Code was recorded. THE accused also sought to file statement on affidavit. It is seen that no such statement on affidavit is filed.