RAM CHANDRA BANIK Vs. MADAN KRISHNA BHOWMIK

JUDGEMENT

(1.) This appeal is filed by the original complainant whose complaint for commission of offence under Section 138 of the Negotiable Instrument Act, 1881 (NI Act, for short) of dishonour of cheque filed against the respondent came to be dismissed by the impugned judgment of the learned Chief Judicial Magistrate, Gomati District, Udaipur. Consequently the present respondent original accused was acquitted of the said charge.

(2.) The case of the complainant was that he and the accused were acquaintances since they were both working in the same department of the Government. The accused had borrowed sums of money from the complainant from time to time totaling to Rs.8,00,000/- on a promise that he would sale his land with rubber plantation to the complainant. According to the complainant, such payments were made between 07.01.2012 to 10.06.2016 in different installments. The complainant pointed out that an amount of Rs.50,000/- was paid by cheque dated 20.09.2013 and a further sum of Rs.1,00,000/- was paid by cheque dated 23.12.2013. The complainant had also given further breakup of the payment of remaining sums of money. According to the complainant, sometime in the year 2017, he had called upon the accused to transfer the property to him which the accused refused. The accused instead issued a cheque dated 18.09.2017 for the sum of Rs.8,00,000/- drawn in favour of the complainant on United Bank of India, Udaipur branch which was towards the discharge of his liabilities. On 22.09.2017 the complainant deposited the said cheque for realization in his account of United Bank of India, Udaipur branch. On 25.09.2017 the Branch Manager returned the said cheque with a certificate that due to insufficient fund in the account of the drawer of the cheque the same has been dishonoured. On 23.10.2017 the complainant thereupon issued a demand notice through his advocate to the accused calling upon him to repay the said sum of Rs.8,00,000/- within 15 days of date of receipt of the notice failing which he would take legal action against the accused. On 31.10.2017 the accused received the notice but made no payment towards the cheque amount. He did not even reply to this notice. Thereupon within the statutory period the said complaint was lodged against the accused.

(3.) The complainant was examined as P.W.1. He had filed his examination-in-chief in the form of an affidavit in which above details were given. In his oral deposition he further stated that the cheque in question contains the signature of the accused. Through his evidence several documents such as the cheque return memo, demand notice, postal receipt of demand notice etc. were exhibited. He produced at Exbt.7 his original passbook of United Bank of India, Udaipur branch showing the details of the transactions between 16.07.2012 to 22.06.2016. He produced at Exbt.8 the original passbook of his account of SBI, Udaipur branch for the period between 08.05.2014 to 10.03.2018. He stated that the transactions mentioned in his deposition were made through his bank account in SBI, Udaipur branch.