G. ANJI Vs. SUNANDA KAR @ GORA BABU

JUDGEMENT

(1.) THIS appeal is directed against an order of Shri A.C. Sarangi, Judicial Magistrate. First Class, Cuttack acquitting the Respondent of the charge under Section 420 Indian Penal Code.

(2.) THE Appellant as complainant filed a complaint petition alleging that the Respondent and his mother Mrs. Ramala Kar were heavily indebted to him and when he pressed for payment of his dues the Respondent issued a crossed cheque No. CTK 25/205 -185 dated 30 -4 -1967 for a sum of Rs. 9.500/ - on the United Bank of India Limited, Cuttack. The Appellant endorsed the cheque in favour of Shri M.K.C. Rao, Advocate (P.W. 3) who sent the cheque for encashment through the State Bank of India, Cuttack thrice and on each occasion it was dishonoured with the endorsement "Full cover not received". It was alleged that the Respondent knew that he had no bank balance sufficient to cover the cheque and he issued the cheque with the dishonest motive of silencing the Appellant when he demanded payment of his due, Upon these allegations the Respondent was summoned to stand his trial under Section 420, Indian Penal Code.

(3.) ON a consideration of the evidence led by both the parties the learned Magistrate came to the following findings.