LAXMI ENTERPRISES Vs. JAGAT AUTO AGENCY

JUDGEMENT

(1.) THIS criminal appeal arises out of the judgment delivered by the Judicial Magistrate First Class in Criminal Case No.905/2001. The appeal was filed under Section 378(4) of Cr.P.C. against the judgment of acquittal.

(2.) A complaint was lodged by the present appellant under Section 138 of the Negotiable Instruments Act against the respondent through his Proprietor Honey, S/o Balbir Singh for having given cheque of Rs.25,000/- dated 10.04.1999 which is Ex.P-1. The said cheque was dishonoured on presentation twice. The appellant then served a notice of demand. However, the said notice was not served upon the respondent inasmuch as the registered cover came back. The appellant thereafter filed a complaint under Section 138 of the Negotiable Instruments Act.

(3.) THE respondent has caused appearance and has taken a defence that the amount in lieu of the cheque dated 10.04.1999 was paid to the appellant and for which the receipt was also issued by the salesman of the respondent. In this regard, the respondent had also examined DW-1 Baljeet Sahani. The relevant portion of the statement of Baljeet Sahani is reproduced as under:-