SATYENDRA TIWARI @ SONU Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 378(4) of Cr.PC for grant of leave to appeal has been filed by the applicant/complainant against the impugned judgment dated 23-4-2010, passed in Private Complaint Case No. 517/2006, by the learned Judicial Magistrate First Class, Jabalpur acquitting the respondent No. 2, hereinafter referred as "the accused" for the offence punishable under Section 138 of Negotiable Instruments Act, 1881; hereinafter referred to as "NI Act". Short facts of the case are that on 14-9-2005, the accused issued a cheque amounting to ' 48,000/- in favour of the complainant. The complainant presented the cheque through his Banker Dena Bank and the same has been returned with an endorsement "Funds insufficient". In spite of duly served legal notice of demand the accused did not return the amount of cheque.

(2.) The learned Trial Court on the basis of affidavit of the complainant and documentary evidence passed the order for registration of complaint. Accused abjured his guilt. His further plea was that he has been falsely roped in this complaint. The complainant, to substantiate the charge against the accused examined himself as P.W. 1 and witness Aashish Namdeo (P.W. 2) and exhibited impugned cheque with endorsement memo, unserved notice with AD and postal receipt as Exh. P-1 to Exh. P-4 respectively. Civil Jorge (D.W. 1) examined as defence witness.

(3.) On consideration of oral as well as documentary evidence learned Trial Court acquitted the accused as mentioned above.