RAMSINGH Vs. GANESHRAM

JUDGEMENT

(1.) Submissions were made on application filed under Section 378(4) of Criminal Procedure Code, 1973 which seeks for permission to file the leave to appeal against the acquittal dated 30.01.2016 pronounced by JMFC in Criminal Complaint Case No.1176/2014.

(2.) As per prosecution case, the applicant had given three cheques (in cash) to the non-applicant as loan on 22.02.2013 and it was promised that the amount shall be returned in eighteen months by the non-applicant and the cheque was handed over to the non-applicant by the applicant. The nonapplicant submitted the cheque for encashment on 14.08.2014 in Narmada Malwa Gramin Bank, Branch-Khategaon, DistrictDewas (MP). However, the cheque was returned with a remark of insufficiency of funds. A notice was then sent to the nonapplicant. The non-applicant denied the liability and stated that no such transaction took place. Consequently, the nonapplicant filed a complaint under Section 138 of Negotiable Instruments Act, 1881.

(3.) The trial Court vide judgment dated 30.01.2016 came to the conclusion that the applicant/complainant could not prove the transaction and therefore the case was dismissed and the non-applicant was acquitted.