KISAN R.GATE Vs. PRAKASH TUKARAM

JUDGEMENT

(1.) By this revision, the applicant has challenged judgment and order dtd. 22/12/2023 passed by learned Additional Sessions Judge, Nagpur in Criminal Appeal No.47/2018 whereby judgment and order dared 9/1/2018 passed by learned 25th Judicial Magistrate First Class (Special Court for 138 N.I.Act), Nagpur in Summary Complaint Case No.1171/2010 convicting the non-applicant was set aside and the non-applicant is acquitted of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (the NIA).

(2.) Brief facts of the case are as under:

(3.) In response to the summons, the accused appeared before learned JMFC at Nagpur and denied the contentions and came with a defence that there was no legal and enforceable debt due from him and, therefore, he is not responsible for the payment of the money. He has only handed over the cheque on behalf of the vendors. It is further contended that the applicant has not established that he is aware about the entire transaction and well acquainted with the facts. At the relevant time, no Power of Attorney was executed in his favour and, therefore, the complaint is liable to be dismissed.