KHUSIRAM SHARMA Vs. PRADIP CHANDRA DEO

JUDGEMENT

(1.) The appellant Khusiram Sharma was the complainant in I.C.C. Case No.64 of 1984 and the respondent Pradip Chandra Deo was the accused in the said case. The respondent faced trial in the Court of learned J.M.F.C., Cuttack in I.C.C. Case No.64 of 1984 for offence punishable under section 420 of the Indian Penal Code and he was acquitted of the charge vide impugned judgment and order dated 03.09.1991.

(2.) It is the case of the complainant that he was the proprietor of Nilachala Diary having its office at Bakharabad and he came in contact with the accused when the accused came to Cuttack and contacted him to purchase Jersy cows. The friendship developed between the two and in the year 1981, the accused approached the complainant during summer days to spare some amount for purchase of best Jersy cows. It is the further case of the complainant that due to the inducement of the accused that he would purchase cows from Cuttack and sale it at higher rate at Rourkela and return money to the complainant, the complainant paid Rs.23, 500/- to the accused. After some days, when the complainant approached the accused to pay back the money, the accused issued a cheque of Rs.7, 000/- on 14.10.1981 to the complainant putting the date as 19.10.1981 which was presented by the complainant in his account at United Bank of India but since insufficient money was available in the account of the accused, it was referred to the drawer. After dishonour of the cheque, the complainant met the accused and told him about the dishonour of the cheque but the accused made evasive statements for which the complainant wrote letters to the accused and sent telegrams. Since the accused did not pay the amount taken from the complainant, the complaint petition was filed.

(3.) During course of trial, the complainant examined three witnesses including himself as P.W.1. P.W.2 Raghunath Panda stated about the loan taken by the accused from the complainant and P.W.3 Kabi Prasad Mishra was the Assistant Manager of the Indian Overseas Bank who proved Ext.2, the statement of the account of the accused and he stated that the accused had only Rs.96/- in his account from 19.10.1981 to 011.1981. The cheque in question was exhibited as Ext.1 on behalf of the complainant.