VINOD KUMAR NAMDEV Vs. ZUBED AHMED

JUDGEMENT

(1.) Heard on leave application.

(2.) The applicant has preferred an application for grant of leave to appeal against the judgment dated 7.7.2014 passed by JMFC, Katni in RT No.81/2011, whereby the respondent has been acquitted from the charge of offence under Section 138 of the Negotiable Instrument Act. Facts of the case in short are that, according to the complainant, he gave a sum of Rs.6 lacs on loan to the respondent. The complainant due to friendship with the respondent gave such an amount, which was collected by him in his life time and the respondent gave post dated cheque of Rs.6 lacs of 30.9.2011. When the cheque was submitted to the concerned bank on 13.10.2011, the same was returned with the intimation that there was no sufficient fund. A notice of demand was sent and thereafter, since no payment was made by the respondent, a criminal complaint was filed. The trial Court after considering the evidence adduced by the applicant, acquitted the respondent.

(3.) After considering the submissions made by learned counsel for the parties, it appears that in the complaint, the applicant could not state that what was the date of transaction. A post dated cheque may be given for the transaction so that it may be encashed after a shorter period like six months or a year. After considering the submissions made by the parties, it appears that in the year 2007, the account number of the respondent was changed, whereas cheque was issued from his previous Account No.831. Hence, it appears that the cheque was given prior to the year 2007 to the applicant, whereas on the cheque Ex.P/1 the date of issuance was to be given to be 30.9.2011. It is not expected from anyone that he would get a post dated cheque having the date after 4 -5 years. If the applicant gave such an amount to the respondent on loan, which was his saving and hard earned money of his life time then, certainly he could not have taken an option to get money back after 4 -5 years.