PRAKASH CHAND Vs. SURESH CHAND

JUDGEMENT

(1.) APPELLANT has filed this appeal after grant of leave to file appeal by this Court against the impugned judgment dated 1. 2. 2000 passed in Criminal Case No. 484/1997 by the learned Judicial Magistrate first Class (Ku. Sunita Balo), Indore whereby it acquitted the respondent Sureshchandra from the charge under Sec. 138 of , the Negotiable Instrument Act (for short the Act ).

(2.) THE appellant filed the criminal complaint against the respondent alleging that he advanced loan of Rs. 1,00,000/- (One Lac)to respondent on 12. 10. 1996 and respondent promised to repay the same within one month and issued a cheque of rupees one lakh dated 12. 11. 1996 bearing number 258954. On the same day, respondent also issued a receipt for taking loan amount from the appellant and given a cheque of State bank of India, Industrial Estate Branch. The respondent issued and account payee cheque, but appellant wanted the money in cash on the same day, therefore, on his request respondent scored out the cross account payee and made of bearer. On 12. 11. 1996, appellant produced the cheque, which was returned back on the same day to the appellant/complainant with a remark, "refer to drawer". The account of the respondent was already closed in the year 1987. After receiving intimation from the Bank, appellant sent a notice dated 14. 11. 1996 to the respondent and respondent replied the same on 30. 11. 1996. Since the respondent did not make the payment within 15 days, the appellant filed the complaint before the trial Court.

(3.) LEARNED Trial Court registered the complaint under Sec. 138 of the Act and issued notice to the respondent.