AMICUS CURIAE Vs. STATE

JUDGEMENT

(1.) The appellant/complainant, in this appeal has challenged the judgment of acquittal dated February 10, 2010, passed by the Judicial Magistrate, 1st Court at Garbeta in C.R Case No. 02/2009.

(2.) C.R. Case No. 02 of 2009 has emanated from the written complaint filed by the present appellant under Sec. 138 of the Negotiable Instruments Act, 1881, against the present respondent/accused person. The date of the complaint was September 3, 2009. The allegation made therein in a nut shell would be that the appellant/complainant sold potato was Rs.41,000.00, to the respondent/accused person on April 10, 2008. The transaction was done on credit with the understanding between the parties that the cost of the material would be paid by the respondent/accused person on or before December, 2008. However when the appellant/complainant visited the respondent/accused person on December 2, 2008, he was paid instead of cash, a cheque of Rs.41,000.00, drawn on Punjab National Bank, Kamalapur Branch. The same was deposited by the appellant/complainant on December 2, 2008, though was dishonoured due to insufficiency of fund. The cheque was returned by the banker to the appellant/complainant.

(3.) The complainant thereafter issued notice to the respondent/accused person calling him to make payment of the said amount of money and allegedly the accused person has defaulted to respond to the notice also in spite of due service of the same upon the accused person. This has prompted present appellant/complainant to file the case as mentioned above before the Magistrate.