KADU Vs. PHOOLCHAND

JUDGEMENT

(1.) In this appeal, the appellant/complainant has assailed the order dated 11.01.2012 passed in Criminal Complaint Case No.2550/07 on dated 11.01.2012 by learned Judicial Magistrate 1st Class, Khandwa whereby the complaint filed by the complainant was dismissed for want of prosecution and the respondent/accused was acquitted from the charge of offence punishable under Section 138 of Negotiable Instruments Act.

(2.) To appreciate the say of the appellant/complainant, the basic case putforth before the trial Court in nutshell is that the appellant gave a lone of Rs.2,50,000/ - to the respondent. For returning the aforesaid amount, the respondent gave a Cheque No.00816 of Bank of India dated 26.05.2007 of Rs.2,50,000/ - to the appellant. When the cheque was presented by the appellant for encashment, the same has been returned by the Bank with the remark "exceed arrangement" on 31.05.2007. After compliance of due procedure criminal complaint case under Section 138 of Negotiable Instruments Act was filed by the appellant.

(3.) After adopting due process criminal complaint case was registered against the respondent and in compliance of notice he appeared before learned trial Court.