KAMAL KUMAR DEB Vs. BHRAMAR SINGH

JUDGEMENT

(1.) This is an appeal arises out of judgment of acquittal dtd. 28/6/2019, passed by learned Chief Judicial Magistrate, North Tripura, Dharmanagar in connection with Case No. CR(NI) 20/2012.

(2.) Briefly stated, that the complainant-appellant [here-in-after referred to as the complainant] filed a complaint against the respondent under Sec. 138 of the N.I. Act, 1881 [here-in-after referred to as the NI Act] in the court of the Sub-Divisional Judicial Magistratre, Dharmanagar, North Tripura which was registered as CR (NI) No.20 of 2012. The main allegation contained in the said complaint was that the respondent borrowed an amount of Rs.2,50,000.00 from the complainant on 26/4/2010 with a condition to refund the same within a period of three months. But, the respondent did not refund the said money to the complainant within time. The respondent ultimately issued a cheque on 26/7/2011 in the name of the complainant. When the said cheque was deposited for encashment of the bank account on 23/12/2011, it was dishonoured with the remark that the account was closed. Thereafter, the complainant served notice dtd. 3/1/2012 upon the respondent for payment of the said amount, but, it did not yield any result.

(3.) Having heard the learned counsels appearing for the parties, learned Chief Judicial Magistrate, North Tripura, Dharmanagar, had acquitted the respondent vide judgment dtd. 28/6/2019 with the finding that the complainant had failed to prove his case beyond all reasonable doubt.