VINODKUMAR FOUZDAR SINGH Vs. SANTOSHKUMAR FOUZDAR SINGH

JUDGEMENT

(1.) HEARD rival submissions at length. It is the application for leave to file appeal against the order of acquittal of the respondent No. 1- accused for the offence arising out of the proceeding under section 138 of the Negotiable Instruments Act, 1881( the N.I.Act for short).

(2.) PERUSED the documents annexed to the application. Reportedly, it is the positive case of the applicant-original complainant that there was some understanding between him and his two brothers, out of them one brother is respondent no.1 in the present matter, that in order to settle the property disputes amongst them, an understanding was arrived at in the form of affidavit sworn by his two brothers. The said affidavit is dated 7.2.2006. As per the conditions laid down in the said affidavit for releasing the rights of the present applicant-complainant from the immovable property of his father, both his brothers including the present respondent no.1 were to pay him Rs. 9 lacs each. As per the condition of the said understanding, which is the basis of the complaint filed by the applicant, on realization of the cheques of Rs. 9 lacs each given by Respondent No.1 and other brothers, the present applicant was to relinquish his rights in favour of the said brothers by executing relevant documents. Admittedly, such cheques of Rs. 9 lacs each were given of the date after one year from the date of the understanding i.e., the cheques are dated 7.2.2007. Reportedly, such cheque in the present matter, given by respondent no.1, was deposited with the banker of the complainant and it was dishonoured. It appears that though giving of such cheque was admitted by Respondent No.1, the Trial Magistrate came to the conclusion that there was no any legally enforceable liability inasmuch as according to the terms of the understanding the applicant was to relinquish his rights and that also after the realization of the cheques.

(3.) IN the result, present application for leave stands dismissed and accordingly disposed of.