HAJARILAL HANOTIYA Vs. SACHIN SINGH THAKUR

JUDGEMENT

(1.) This appeal has been preferred by the appellant/complainant being aggrieved by the judgment of acquittal of the respondent/accused dated 10.07.09 passed by learned Sessions Judge, Hoshangabad in Criminal Appeal No. 187/08, arising out of order of conviction passed by learned JMFC, Itarsi on 25.10.08 in Criminal Case No. 1078/06 for offence punishable under Section 138 of Negotiable Instruments Act (for short "the Act").

(2.) The short facts of criminal complaint case are that the respondent/accused issued a cheque of Rs.20,000/ - in favour of appellant to discharge of his liability vide Cheque No. 232863 dated 24.05.06of State Bank of India, Branch Seoni Malwa on account of commercial transaction between the parties. The appellant presented the cheque through his banker for collection, but the same was dishonoured due to insufficient fund in the account of respondent. After issuance of required legal notice , the appellant filed a complaint case under Section 138 of the Act against the respondent.

(3.) After taking cognizance in compliance of process issued by learned trial Court, the respondent appeared and abjured his guilt. Learned JMFC on basis of recorded evidence held that there was dishonour of cheque for insufficiency of funds in account of respondent, hence convicted him for the offence punishable under Section 138 of the Act and sentenced him to suffer R.I.for four months and fine of Rs.5000/ - with default stipulation and also awarded compensation of Rs.25,000/ - to be paid to the appellant. Aggrieved thereby the respondent preferred a Criminal Appeal, learned appellate Court allowing the appeal acquitted the respondent hence the appellant approached this Court.