RAJESH Vs. MISS SANJANA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 29/04/2006 passed by the 5th Joint Civil Judge, Junior Division and Judicial Magistrate first Class and (Special Court) under section 138 of the Negotiable Instruments Act, Nagpur in Summary Criminal Complaint No. 848/2005, the appellant - original complainant has preferred this appeal. The brief facts of the case are as under :

(2.) The appellant - complainant has filed a complaint under section 138 of the Negotiable Instruments Act against the accused (the appellant hereinafter be referred as "complainant" and the respondent No. 1 hereinafter be referred as "accused"). It is contended that he had cordial relations with the accused and her father since last several years. The accused was in need of money for her business purpose and therefore, she demanded amount of Rs. 45,000/as a hand loan from him. According to him, he had given loan amount to the tune of Rs. 45,000/to the accused. It is further contended that the accused has given cheque bearing No. 113451 of Rs. 45,000/towards the repayment of the loan. He presented the said cheque in the Nagpur Nagrik Sahakari Bank Ltd., Ganjakhet Branch, Nagpur for realization. However, the same was returned back unpaid with endorsement "funds insufficient". He thereafter issued a legal notice through RPAD. The same was served. The accused, however, not repaid. Therefore, he constrained to file a complaint before this Court.

(3.) In response to the Court summons, the accused appeared in the proceeding. After recording the evidence in the matter and on hearing both the sides, the learned Magistrate acquitted the accused for the offence punishable under Section 138 of the N.I.Act.