RAMESH CHANDRA NAVEEN KUMAR Vs. SMT.CHANDRA BANSA

JUDGEMENT

(1.) Heard on IA No.13688/2022, which is an application for leave to appeal under Sec. 378(4) of CrPC against the judgment of acquittal dtd. 21/7/2022 passed by Shri Chandan Singh Chauhan, Chief Judicial Magistrate, Vidisha in Criminal Case No.577/2016 whereby respondent Chanda Bansal was acquitted of the charge of offence punishable under Sec. 138 of Negotiable Instruments Act.

(2.) The appellant, in the application for leave to appeal submited that respondent Chanda Bansal has taken a loan of Rs.20,00,000.00 for her personal need from appellant-Ramesh Chandra. To repay the loan, respondent had given a cheque dtd. 21/3/2016 in sum of Rs.20,00,000.00 payable from her account in HDFC bank, Branch, Khari Phatak, Vidisha. The cheque was presented for encashment on 1/6/2016, but it was dishonoured on 2/6/2016. Despite service of demand notice t o respondent, she had not paid the amount of cheque, therefore, a complaint under Sec. 138 of NI Act was filed. Learned Judicial Magistrate, after trial, passed the impugned judgment on 21/7/2022 and acquitted respondent-Chanda Bansal.

(3.) It is further stated that learned Trial Magistrate without properly appreciating the evidence on record acquitted the respondent. The Trial Court failed to appreciate that in her statement under Sec. 313 of CrPC, respondent has admitted commercial transactions between her son Amit Bansal and the appellant. The alleged loan was extended to respondent as both the families had regular financial transaction between them. Learned Trial Court has failed to appreciate that onus of showing absence of legally recoverable debt or liability was on the respondent. The only defence of respondent was that the cheque in question was stolen by the present appellant but the probability of said defence was not established. The defence witness, Raman Agrawal admitted that no report was made regarding theft of the cheque. The acquittal of respondent under sec. 138 of NI Act is bad in law, therefore, leave to appeal may be granted to appellant against the impugned judgment of acquittal dtd. 21/7/2022.