PRAGATI CREDIT CO Vs. SURESH S/O SHAMRAO GODE, AGED ADULT, OCCU : BUSINESS, R/O. SANGAM NAGAR, KATOL, DISTT. NAGPUR

JUDGEMENT

(1.) The present appeal takes an exception to the judgment and order dated 30.3.2012 passed by the learned Judicial Magistrate, First Class, Katol in Summary Criminal Case No.912/2009.

(2.) The facts giving rise to the appeal may be stated in nutshell as under :

(3.) Particulars of accusations were explained to accused/respondent no.1. He denied the accusations. Complainant examined its duly authorised signatory as a sole witness. Accused did not examine himself or any other witness in favour of his defence. After scrutiny of the evidence and documents produced by complainant-society, trial court came to the conclusion that penal liability under Sec. 138 of the N.I. Act does not arise, as claim of complainant was barred by limitation and cheque was not issued in the discharge of legal liability. In consequence thereof, trial court acquitted the accused of the offence punishable under Sec. 138 of the N.I. Act.