LOKENDRA SINGH Vs. KRISHNAKANT

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Brief facts of the case are that on 23/12/2017, the applicant advanced loan of Rs. 1,70,000/- to the respondent. In order to repay the said amount, respondent issued cheque No. 077336 of Axis Bank, dated 15/04/2013 in favour of the applicant, which was presented by him to his banker for encashment but the same has been return unpaid with the report that the account has been closed by the cheque holder. Then applicant issued a notice to the respondent on 13/06/2013, which received unserved with the report that he left the place after selling his house. In spite of the knowledge about the notice, the respondent has failed to repay the cheque amount. Thereafter, the applicant filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent.

(3.) The trial Court after considering the evidence produced before it by the parties, found that the applicant/complainant has failed to established that the cheque issued by the respondent/accused in favour of the applicant/complainant for legally recoverable debt or liability, therefore, acquitted the respondent from the offence under Section 138 of the Negotiable Instruments Act, 1881.