RAJESH SINGHAL Vs. BRAJESH SINGH YADAV

JUDGEMENT

(1.) This criminal appeal under Sec. 378 of CrPC has been filed by the appellant-complainant against the judgment dtd. 19/4/2007 passed by learned Judicial Magistrate First Class Shivpuri (M.P.) in Criminal Case No.508/2004 acquitting the respondent No.1 for the offence punishable under Sec. 138 of Negotiable Instrument Act.

(2.) Brief facts necessary for disposal of present appeal are that on 8/4/2004 complainant filed a criminal complaint under Sec. 138 of Negotiable Instrument Act against respondent No.1 alleging that respondent had purchased material for construction of his building worth Rs.1,00,000.00 for which he had given a cheque of Rs.1,00,000.00bearing cheque No.563485 dtd. 20/11/2003. When he presented aforesaid cheque for encashment in Regional Gramin Bank Shivpuri, it got dishonored and was sent back to him on 6/12/2003 with a note that sufficient fund is not available in the bank account of respondent No.1. Thereafter complainant contacted respondent No.1. Respondent No.1 told him to present said cheque before Bank again. On 23/4/2004, complainant again presented the said cheque before Bank but to no avail. Thereafter appellant served a notice to respondent which was not duly replied by the respondent. Hence, complainant was forced to file complaint under Sec. 138 of Negotiable Instrument Act and 420 of IPC. On the said complaint, notice was issued to the respondent No.1. After preliminary inquiry, on 16/6/2004 cognizance was taken against the respondent No.1 for the offence punishable under Sec. 138 of Negotiable Instrument Act. On 8/8/2006 charge was framed under Sec. 138 of Negotiable Instrument Act against respondent No.1. Learned Court below after framing issues and analyzing evidence acquitted the respondent No. 1 by the impugned judgment. Aggrieved by the said judgment, appellant-complainant preferred this appeal.

(3.) This Court has to see whether the trial Court committed mistake by acquitting the respondents despite sufficient evidence is on record regarding commission of offence punishable under Sec. 138 of Negotiable Instrument Act ?