HARBANSLAL Vs. SHYAMSUNDER

JUDGEMENT

(1.) This appeal has been filed by the appellant aggrieved of the judgment dated 27-9-2006, passed by the Judicial Magistrate, First Class, Indore in Criminal Case No. 36382/2006, whereby the respondent who was prosecuted for an offence under Section 138 of the Negotiable Instruments Act on complaint filed by the appellant was acquitted. Briefly stating the allegations of the complainant against the respondent were as follows:--

(2.) The evidence was led by the parties before the Trial Court which was duly considered by the learned Judicial Magistrate, First Class. The Judicial Magistrate, First Class was pleased to acquit the respondent primarily for the following reasons:--

(3.) Considering the aforesaid facts and there being no evidence on behalf of the appellant that the cheque was given for consideration, the Trial Court while acquitting the respondent made the following observations:--