ANIL SHINDE Vs. WAHID ALI & ANOTHER

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the rejection of complaint filed under Section 138 of the Negotiable Instruments Act (in short 'Act of 1881') vide judgment dated 16.03.2005 passed in Criminal Case No. 573/2004 by Judicial Magistrate First Class, Gwalior.

(2.) The facts leading to filing of present appeal are that the appellant claims to have given a certain quantity of material on credit to the respondent No.1 in furtherance to which the respondent No.1 issued the cheque No. 959182 drawn in favour of the appellant for Rs. 20,000/-. The appellant has framed his case in a manner that the cheque issued by the present respondent was submitted for encashment with the bank on 20.05.2002 and on such date, the same was dishonored on account of insufficiency of fund. Dishonor of cheque prompted the present appellant to issue a notice in compliance of Section 138 of the Act of 1881 which was sent on 29.05.2002.

(3.) The court below emphasized on necessity of proving the money which was sought to be recovered is a legally enforceable debt and after analyzing the entire record the court arrived at a conclusion that there are contradictory presentation of facts with respect to said liability and due to this reason, the complaint was not entertained and was dismissed vide impugned order.