N K JAIN Vs. ZAHID ALI

JUDGEMENT

(1.) The Complainant is the appellant and the first respondent is the accused. The complaint filed by the complainant in C.C.No.237 of 1997 on the file of IV Metropolitan Magistrate, Hyderabad against the accused for the offence under Sec.138 of Negotiable Instruments Act has been dismissed by the Judgment dated 5-12-1997, holding that the complainant failed to prove the guilt of the accused and the cheque Ex.P1 issued is not to discharge the legally enforceable debt or liability and accordingly, the accused was found not guilty of the said offence. Aggrieved by the said Judgment, the complainant filed this appeal. The parties herein are referred to, as they are arrayed in the Court below.

(2.) The complainant filed the complaint under Sec.138 of the Negotiable Instruments Act (in short Act), stating that the accused is having acquaintance with him since long time and in the month of December, 1996, the accused took hand loan of Rs.1,00,000/- from him by executing Ex.P2 promissory note, dated 15-12-1996 with one surety and by issuing Ex.P1 post dated cheque dated 27-1-1997. When the said cheque was presented on 27-1-1997 for clearance, the same was dishonoured on the reason of 'not arranged for'. The complainant got issued a statutory notice to the accused on 31-1-1997, calling upon him to pay the amount covered by Ex.P1 cheque within 15 days. The accused acknowledged the receipt of said notice on 4-2-1997, but he did not arrange to pay the amounts covered by Ex.P1 cheque.

(3.) After recording the sworn statement of the complainant, the case was taken on file under Sec.138 of the Negotiable Instruments Act and issued summons. After furnishing all the documents as required under Sec.207 of the Code of Criminal Procedure, the accused was examined under Sec.251 of the Code of Criminal Procedure. The accused denied the allegations of the complaint and pleaded not guilty.