SURESH SINGH SIKARWAR Vs. RADHESHYAM SHARMA

JUDGEMENT

(1.) This criminal appeal, under Sec. 378 of Cr.P.C., has been filed against the judgment of acquittal dtd. 28/1/2011 passed by JMFC, Gwalior in Case Number 5103/2009, by which respondent has been acquitted of the charge under Sec. 138 of the Negotiable Instruments Act.

(2.) Challenging the judgment of acquittal passed by trial Court, it is submitted by counsel for appellant that the respondent had issued a cheque No. 90299 of Rs.1,35,000.00 in discharge of his legal liability. The said cheque was presented and the same was returned by the Bank with an endorsement

(3.) It is submitted by counsel for appellant that the cheque was presented twice. On the first occasion, the cheque was returned with an endorsement "Insufficient Funds and Drawer Signature differ" and on re- presentation, the cheque was returned with an endorsement of "Insufficient Funds and Alteration Requires Full Signature". It is submitted that once the bank had returned the cheque on the ground of "Insufficient Funds," then "Alteration Requires Full Signatures" becomes secondary, and under these circumstances, the trial court committed material illegality by acquitting the respondent. To buttress his contention, counsel for appellant has relied on the judgment passed by the Supreme Court in the case of Bir Singh versus Mukesh Kumar reported in (2019) 4 SCC 197 .