RAJENDRA PRASAD Vs. SUKLESHWAR

JUDGEMENT

(1.) The present appeal is directed against the order of acquittal recorded by the trial Court by its judgment dated 21st January 2008 in criminal case No. 56/2004, wherein the trial Court has acquitted the Respondent and the complaint has been dismissed.

(2.) The facts leading to the present case are that the Appellant filed a complaint under Section 138 of the Negotiable Instrument Act, 1881 on the ground that the cheque which was issued by the Respondents on 25/08/2003 for a sum of Rs. 25,000/- was presented to the bank but the same was not honoured by the bank as there were no sufficient funds in the account of the Respondent.

(3.) The Appellant purchased plot from the Respondent by registered deed and possession of the said plot was also handed over to the Appellant. Subsequently the Appellant came to know that the aforesaid plot has been resold to someone by the Respondents. The Appellant objected the same and according to the complaint allegations the Respondents issued a cheque of Rs. 75,000/- on 25/08/2003, the same was dishonoured. A notice was also given on 24/09/2003 but no other cheque was issued and ultimately when cheque was presented to the bank on 06/ 10/2003 for its encashment then the same was not honoured.