KAMLA BAI Vs. MADANLAL

JUDGEMENT

(1.) WITH consent, the matter is finally heard.

(2.) THIS is an application, under S. 378 (4)of the Code of Criminal Procedure, for grant of leave to appeal against the order of acquittal recorded on 2-11-2007 by Chief Judicial Magistrate, Khandwa in Criminal Case no. 1845/2005 in respect of the offence punishable under S. 138 of the Negotiable instruments Act. In that case, cognizance of the offence was taken upon complaint made against the respondent by applicant-complainant. It contained the following allegations -On 31-3-2004, the respondent borrowed an amount of Rs. 60,000/- from the applicant and, for repayment thereof, issued the cheque in question in her favour. However, upon the requests made by the respondent, who is none other than her cousin, the applicant permitted him to revalidate the cheque for a further period of six months and, accordingly, date of the cheque was changed from 31-3-2004 to 21-9-2004. On a subsequent occasion also, acceding to a similar request made by the respondent, the applicant again allowed revalidation of the cheque for a further period of six months by getting the date changed to 15-3-2005. Ultimately, on 29-8-2005, at the instance of the respondent only, the cheque was presented for encashment but was dishonoured by the bank due to stop payment instructions. Thereafter, despite service of the demand notice, the amount covered by the cheque was not paid by the respondent.

(3.) ALTHOUGH, the respondent did not deny issuance of the cheque on 31-3-2004 yet, he further pleaded that he had already repaid the amount to the husband of the complainant after selling his house.