PANKAJ GOPAL GUPTA Vs. ANIL KUMAR JAIN

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 378 of the Cr.P.C. against the judgment dated 15.1.2001 rendered by the learned Judicial Magistrate, First Class, Indore in Cr. Case No. 210/99 whereby acquitting the appellant from the offence under Section 138 of the Negotiable Instruments Act (for short, the Act).

(2.) THE appellant/complainant filed a criminal complaint against the respondent on 17.4.1999 for commission of offence under Section 138 of the Act and under Section 420 of the Indian Penal Code alleging that the respondent in a business transaction received Rs. 4,00,000/- on 1st December, 1998 from the appellant and issued post-dated cheques each of Rs. 1,00,000/- bearing Nos. 468535, 468537, 468538 and 468539 dated from 5.12.1998 to 5.3.1999, drawn on M.P. State Sahakari Bank, Indore. The respondent issued each cheque at an interval of one month and assured that on presentation in the Bank, the cheques would be honoured. The appellant presented those cheques in the Bank i.e. Bank of Rajasthan for encashment, but all the four cheques returned back from the concerned Bank with an endorsement of insufficient amount in the account on 24.3.1999. Appellant issued statutory notice dated 25.3.1999 which was served upon the respondent, but he, after receipt of notice, did not make any payment of the cheques amount within 15 days. Therefore, within the period of limitation, complaint was filed, wherein the appellant has prayed for conviction of the appellant and grant of compensation of double amount of the cheques.

(3.) THE respondent denied the allegation levelled by the appellant. He did not examine any witness in defence.