SURESH Vs. SANJAY

JUDGEMENT

(1.) This appeal under Sec. 378 (4) of Cr.P.C. has been filed by the appellant - Suresh (hereinafter referred to as the 'Complainant assailing the Complainant') judgment and order of acquittal dtd. 11/10/2012 passed in Criminal Appeal No.40/2012 (Sanjay Vs. Suresh) by learned Additional Sessions Judge, District Betul (M.P.) whereby the lower appellate court allowing the appeal has set aside the judgment of conviction and order of sentence dtd. 26/3/2012 passed by the learned JMFC, Betul in Criminal Appeal No.5072/2006 whereby the respondent- Sanjay (hereinafter referred to as the 'accused') was convicted under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for six months and fine of Rs.80,000.00, in default of payment of fine, further imprisonment of two months.

(2.) The facts in brief are that the complainant filed a private complaint against the accused before the trial court on 4/11/2006, stating that the accused, out of friendship and cordial relations, had borrowed Rs.80,000.00 from him. On demand for the money, the accused gave him a cheque of the same amount dtd. 14/9/2006 drawn on the State Bank of Indore, Multai branch. When the complainant deposited the cheque with the Bank of Maharashtra, Betul, for its payment, the cheque was dishonoured on 26-09- 2006 due to insufficient funds in the accused's account. The complainant sent a notice to the accused through his lawyer by registered post on 30/9/2006, and requesting payment of the amount. However, the accused did not pay the cheque amount even after receiving it. The complainant prayed that the accused be convicted and punished for the offence punishable under Sec. 138 of the Negotiable Instruments Act and that he be awarded double the amount of the cheque along with interest thereon and the cost.

(3.) The trial court, after preliminary inquiry, considered there to be sufficient grounds for further proceedings against the accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, took cognizance of the offence and registered a criminal case, summoned the appellant to appear. But when the details of the crime were explained to him, the accused denied committing the crime and sought a judicial trial. The accused presented his defence before the trial court that he had taken Rs.10,000.00 from the complainant in the year 2003 and by the year 2006 he had returned Rs.2,00,000.00 along with interest by paying Rs.1000.00 each time. As security for this amount, he had signed a blank cheque and given it to the complainant. He did not take Rs.80,000.00 from the complainant, he did not give the disputed cheque for the payment of this amount and he did not receive any notice from the complainant. The accused did not present any evidence in his defence, declaring himself innocent.