AWDHESH SINGH Vs. SANJAY MOGHE

JUDGEMENT

(1.) This is a criminal appeal against acquittal filed on behalf of the complainant. It is directed against the order dated 07.08.2009 passed by the Court of JMFC, Bhopal in criminal case no.13655/2007.

(2.) This is a peculiar case. In the operating paragraphs of the impugned judgment, it has been observed that the offence under Sec. 138 of the Negotiable Instruments Act, 1881 is found to have been proved against the accused and the bail bonds of the accused were discharged but no order convicting the accused was passed and no sentence was imposed.

(3.) A perusal of the impugned judgment reveals that the respondent/accused Sanjay and his wife had borrowed Rs.3,50,000.00 from complainant Awdhesh Singh on the condition that they would return the same in 4 to 5 months. In respect of aforesaid amount, the accused had issued 3 cheques, one in the sum of Rs.2 lacs and two in the sum of Rs.50,000.00 each on 19.09.2007. When the cheque in the sum of Rs.50,000.00 was presented to the bank, it was returned with an endorsement that the concerned account has been closed. The complainant issued a notice through his Advocate on 28.09.2007, which was served upon the accused; however, no amount was paid. Consequently, this complaint was filed within the period of limitation.