MANISH JAIN Vs. NATHU SINGH

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Sec. 378 (4) of the Crimial P.C. for special leave to appeal against acquittal. It is directed against the judgment dated 20.12.2014 passed by the Court of JMFC, Sagar in Criminal Case No. 1508/2007, whereby the accused/respondent Nathu Singh was acquitted of the charge under Sec. 138 of the Negotiable Instruments Act.

(2.) The case of the complainant before the trial Court was as hereunder: the accused had taken goods worth Rs. 1,00,000.00 on 4.12.2004 and worth Rs. 30,000 on 21.12.2004 from the shop owned by complainant Manish. In this regard, he executed an agreement on 04.12.2004 in favour of the complainant. On 21.12.2004, he added the price of the goods taken on that date in the agreement and again signed the same for repayment of aforesaid sum. He issued cheque No. 015941 in the sum of Rs. 1,30,000.00 in favour of the complainant. The complainant presented the aforesaid cheque to the concerned Bank for encashment. However, it was dishonoured by the Bank stating that accused had closed his account. After completing the formalities, the private complaint was filed under Sec. 138 of the Negotiable Instruments Act.

(3.) The accused took the defence that in the third or fourth month in the year 2005. He was going to the shop of the complainant from his village with his cheque book and other important documents kept in a bag; however, he lost the same somewhere on the way or in the shop of the complainant. Therefore, he reported the matter to civil lines branch of State Bank of India and got his account closed on 26.4.2005. He later reopened his account. He never delivered any cheque in the sum of Rs. 1,30,000.00 to the complainant. The cheque in question does not bare his signature implying thereby that the complainant had found the cheque book lost by him and had thereafter misused the cheque by committing forgery.