JEEWAN ALAMCHAND PARYANI Vs. RAMCHAND

JUDGEMENT

(1.) Being aggrieved by the Judgment and order dated 07/03/2006 passed by the Judicial Magistrate, First Class (Special complainant has preferred this appeal. The learned Judicial Magistrate, First Class by the impugned Judgment and order acquitted the respondent No.1 - accused for the offence punishable under Section 138 of the Negotiable Instruments Act. (the appellant hereinafter be referred as "complainant" and the respondent No.1 hereinafter be referred as "accused"). 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. The appellant has contended that the respondent No.1 - accused was in need of money and approached to him in the month of April, 2002 for hand loan of Rs.85,000/-. The appellant has given hand loan of Rs.85,000/- to him. It is further contended that the accused assured to repay the amount within three months. However, failed to repay the amount, as agreed. The appellant, thereafter, demanded the amount from him. The accused therefore, issued three cheques to repay the amount. The appellant has presented the said cheques in the bank. However, all the cheques were dishonoured with endorsement "insufficient fund". The appellant thereafter, issued a legal notice to the accused. The accused approached to him and agreed to give two cheques of Rs.30,000/- each for full and final settlement of the hand loan.

(3.) It is the case of the appellant that thereafter, two cheques of Rs.30,000/- each dated 31/01/2004 and 28/03/2004 were issued by the accused in favour of the complainant. The complainant thereafter, presented the cheques in the bank but the same were dishonoured for reason "funds insufficient". The complainant has issued notice to the accused through counsel on 12/04/2004 calling upon him to make the payment of cheque amount within 15 days from the receipt of the notice. The accused, however, failed to repay the amount. The complainant, therefore, constrained to file this complaint.