ANAND CHATURVEDI Vs. I.S. MOURYA

JUDGEMENT

(1.) This miscellaneous criminal case under Section 378(3) of the Crimial P.C. for special leave to appeal against acquittal is directed against the judgment dated 31.07.2012 passed by the Court of JMFC (Fast Track Court), Bhopal in criminal case No.10303/2010, whereby respondent -accused I.S. Mourya was acquitted of the charge under Section 138 of the Negotiable Instrument Act, 1881.

(2.) The facts necessary for disposal of this miscellaneous criminal case may briefly best a ted thus : applicant/complainant Anand Chaturvedi filed a private complaint in the Court of JMFC (Fast Track Court), Bhopal alleging that he had advance a loan in the sum of Rs. 19 lacs to the respondent/accused on 31.03.2010. The amount was withdrawn by him from his account in Punjab National Bank. The loan was to be repaid in July, 2010. The respondent accused gave him a cheque in the sum of Rs. 19 lacs drawn on Oriental Bank of Commerce, Arera Colony Branch, Bhopal, payable on 30.07.2010. He presented the cheque in the bank for encashment but it was dis -honoured for want of funds. Even after giving statutory notice, no repayment was made by the respondent/accused. Thereafter, he filed a private complaint under Sec. 138 of the Negotiable Instrument Act, 1881, within limitation.

(3.) In his examination under Sec. 315 of the Crimial P.C. respondent -accused admitted that he had given cheque No.463774 in the sum of Rs. 19 lacs drawn on B.H.E.L. Branch of Canara Bank, Bhopal, dated 30.07.2010; however, his defence was that the cheque was given not for discharge of any debt or liability but by way of security in respect of transaction of sale of land. The applicant/complainant had agreed that the cheque would not be deposited in the bank for encashment and had given such assurance in writing; however, applicant/complainant deceitfully deposited the cheque in the bank for encashment.