MS KIM HYUNDAI Vs. SHRI SUMO SINGH

JUDGEMENT

(1.) By way of this appeal under Section 378 (4) read with Section 372 of the Code of Criminal Procedure, 1973, the complainant/appellant has challenged the judgment and order dated 23.12.2015 in CR Case No. 586 (S) of 2005 whereby, the Chief Judicial Magistrate, Shillong ['CJM'] has acquitted the respondent of the charges under Sections 138 / 142 of the Negotiable Instruments Act, 1881 ['the NI Act '] and Sections 420 / 406 of the Indian Penal Code ['IPC'].

(2.) The complainant, said to be the authorized dealer of Hyundai India Limited and having its showroom at Police Bazar, Shillong, filed the complaint case aforesaid while stating that a cheque issued by the accused/respondent in its favour for a sum of Rs. 4 lakhs towards credit purchase of one Santro Hyundai vehicle on 20.11.2004 was returned unpaid by the Bank for want of sufficient funds in the account; and that the accused/respondent failed to make payment despite notice. The defence of the accused/respondent had been that the cheque in question was forcibly obtained by the complainant and else, as against the purchase of the vehicle in question, the actual purchaser had indeed made the payment including a sum of Rs. 4 lakhs by way of a demand draft. The learned CJM, after analysis of the evidence adduced by the parties, has accepted the defence version and has held that the complainant had failed to establish the existence of any debt or liability related with the cheque in question.

(3.) In view of the respective stand of the parties and the contentions urged in this appeal, the background aspects could be noticed in brief and to the extent relevant for the present purpose. The contents of the complaint, carrying the assertion on the part of the complainant, which formed the basis of imputations against the respondent, could be noticed as under:-