SUNIL KUMAR CHOUBEY Vs. PRAMOD CHANDRA PURI

JUDGEMENT

(1.) THIS is an application under Section 378(4) Code of Criminal Procedure seeing special leave to appeal against an order of acquittal dated 22.3.1999 passed in Criminal Appeal No. 115/90 of 1997 -95 by the learned Addl. Sessions Judge, Rairangpur.

(2.) THE dispute relates back to the year 1994. The present Petitioner filed a complaint petition before the learned S.D.J.M. Rainrangpur, inter alias, alleging that the accused -Opp. party' who is a businessman -cum -Contractor approached him requesting to advance a sum of Rs. 8,000/ - on 25.1.1994 to enable to him to make payment to his labourers on the ground that he was not able to withdraw the amount from Mayurbhanj Central Co -operative Bank, Baripada Branch. The relationship between the complainant and the accused being good, in good faith, the complainant advanced the said amount to the accused in cash and the accused issued a cheque on Mayurbhanj Central Co -operative Bank bearing No. 27352 dated 25.1.1994 in the name of the complainant for an amount of 8,000/ -. The complainant on 12.4.94 presented the said cheque for encashment, but the same was bounced as the balance in the account of the accused was not sufficient. After receiving the intimation regarding dishonour of the cheque, the complainant on 27.4.94 served a legal notice through Regd. Post demanding Rs. 8,000/ - Though the notice was received by the accused on 5.5.94 he did not repay the amount within the prescribed period. Thereafter, the complainant was constrained to file a complaint against the accused for commission of an offence under Section 138 of the N.I. Act. The said complaint was registered as ICC No. 50 of 1994.

(3.) THE complainant examined two witnesses out of whom P.W. 1 was the Branch Manager and P.W. 2 was the complainant himself. The accused did not examine any witness.