RAJENDRA MAHESHWARI Vs. N K B SECURITIES

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 378(4) of Cr.P.C. being aggrieved by the judgement dated 22.02.2012 passed by the Court of Judicial Magistrate First Class, Bhopal in RT No. 6926/2008 whereby the respondent was acquitted from the charge under Section 138 of the Negotiable Instruments Act, 1881.

(2.) Brief facts of the case are that the respondent on 10.02008 delivered a cheque of Rs. 18,66,000/- of Canara Bank, Branch RNT Marg Indore for the dues, in favour of the appellant. The appellant deposited the cheque at Allahabad Bank, Branch Kotwali Road, Bhopal which was returned without payment along with endorsement, the "closure of bank account". Hence, after issuing notice to the respondent, the appellant filed a complaint case against the respondent under Section 138 of Negotiable Instrument Act, before the trial Court.

(3.) The trial Court acquitted the respondent from the charge under Section 138 of Negotiable Instruments Act levelled against him on the grounds that the complaint has failed to prove that the cheque holder/respondent received the aforesaid cheque for discharging the dues in favour of the appellant. The aforesaid finding was upheld in criminal revision No. 405/2010 by the Sessions Judge, Bhopal.