YOGESH Vs. MUKUT SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 378 of Cr.P.C. being aggrieved by the judgment dtd. 6/8/2015 passed by Judicial Magistrate First Class Guna in Complainant case No. 2052/13, whereby the respondent was acquitted from the charge under Sec. 138 of the Negotiable Instruments Act.

(2.) Brief facts of the case are that appellant and respondent were acquainted with each other. Respondent on the need of personal expenses took Rs. One Lac from appellant/complainant by way of loan and assured him that whenever appellant is required he will repay the amount. Thereafter, when he needed aforesaid money he requested respondent. On his request respondent issued a cheque bearing No. 254734 of Punjab and Sind Bank, Branch Guna of his account No.8787 dtd. 25/7/2013 to the tune of Rs. One Lac. Afterwards, he presented the aforesaid cheque in Bank of India through its account No.889010110005247 on 26/7/2013 that was not honored by dtd. 29/7/2013. It returned with the note that respondent was not having sufficient amount in his account. Thereafter, he served a notice to respondent on 7/8/2013 by registered Daak which came unserved with the note that addressee denied to receive the letter. Hence, he was forced to file a complaint under Sec. 138 of Negotiable Instrument Act and adduced his evidence along with document.

(3.) The short question which falls for consideration is whether despite proving his case by complainant trial Court erred in dismissing his complaint.