H L AGARWAL Vs. RAKESH AGARWAL

JUDGEMENT

(1.) This is an appeal filed by the original complainant, who had instituted the prosecution against the accused under Section 138 of the Negotiable Instruments Act. It was averred by the complainant in his complaint that he is a businessman and he has been knowing the accused since a long time. The accused was in need of money for his own purpose. Therefore he had approached the complainant with a request to lend him a sum of Rs. 10,000/-. The complainant agreed to pay the said amount and in fact it was paid to the accused and the accused alleged to have issued a cheque for Rs. 10,000/- on 20-9-1990 in favour of the complainant.

(2.) It is the further case of the complaiant that the said cheque was negotiated by him by making endorsement on the cheque to the third party named M/s. Rajesh & Brothers. When the said cheque was presented by M/s. Rajesh & Brothers on th due date, it was dishonoured. According to the submissions made by the learned counsel for the appellant-accused that M/s. Rajesh & Brothers were acting as the agents of the complainant. In fact, the said cheque was not negotiated by the complainant in favour of M/s. Rajesh & Brothers for consideration but they were merely acting as agents. When the said cheque was dishonoured, M/s. Rajesh & Brothers returned the cheque to the complainant and thereafter the complainant issued 15 days notice to the accused and filed the prosecution.

(3.) The learned Magistrate on evidence acquitted the accused. Against the order of acquittal, the present appeal has been filed by the complainant.