PAVAN SINGH CHAUHAN Vs. VISHNU SINGH CHAUHAN

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE applicant has moved the present application for grant of leave to appeal relating to the judgment dated 7.4.2008 passed by the Additional Chief Judicial Magistrate, Sohagpur in criminal case no. 4/06, whereby the respondent has been acquitted from the charge of offence under Section 138 of the Negotiable Instrument Act (hereinafter referred as 'the N.I. Act').

(3.) THE respondent abjured his guilt. He took a plea that there was no transaction of the respondent with the applicant and therefore, no payment was due towards the applicant. Actually, the cheque was given without mentioning the name of anyone, whereas it was to be given to one Manoharlal and cheque was sent by driver Shravan Kumar Patel but ultimately, Shravan Patel delivered that cheque to a person not known to him and therefore, a direction of stoppage of payment was given by the respondent. In defence, Vishnu Chouhan (DW -1) and Manohar Lal (DW -2) were examined. The trial Court after considering the evidence adduced by both the parties, acquitted the respondent.