KANHU CHARAN MISHRA Vs. NAWAL KISHORE AGARWALLA

JUDGEMENT

(1.) This is an Appeal under Sec. 378 (4) of the Cr.P.C., which has been preferred by the Appellant (who was the complainant in 1.C.C. No.66 of 1993) against the Respondent (who was the accused in 1.C.C. No.66 of 1993) challenging the judgment of acquittal of the accused (Respondent) from the offence under Sec. 138 of the N.I. Act, 1881 passed on dtd. 28/1/1995 in 1.C.C. No.66 of 1993 by the learned Judicial Magistrate First Class, Cuttack.

(2.) After taking up of the cognizance of the offence under Sec. 138 of N.I. Act by the Court, notice was issued to the accused and accordingly, the accused made his appearance in that case vide 1.C.C. No.66 of 1993 and contested the same by taking the plea of complete denial about his any debt or liability before the complainant and also about the issuance of the cheque in question to him (complainant) for Rs.45,000.00 (Rupees Forty-Five Thousand).

(3.) In order to substantiate the aforesaid offence U/s 138 of the N.I.Act, 1881 against the accused, the complainant examined two witnesses from his side including him as P.W.1 and relied upon several documents on his behalf vide Exts.1 to 5, but the defence examined none from its side. After conclusion of hearing and on perusal of the materials and evidence available on record, Trial Court found the accused not guilty for the offence under Sec. 138 of the N.I. Act and acquitted the accused from that offence under Sec. 138 of the N.I. Act vide judgment dtd. 28/1/2015 in 1.C.C. No.66 of 1993.