OM PARKASH MEHTA Vs. HARI DUTT SHARMA

JUDGEMENT

(1.) APPELLANT had filed a complaint under Sections 420 and 406 Indian Penal Code read with Section 138 of the Negotiable Instruments Act, in short 'the Act'.

(2.) LEARNED trial Court, prima facie, found the existence of the offence under Section 138 of the Act and accordingly summoned, tried and acquitted the accused -Respondent. Hence the present appeal by the complainant/Appellant.

(3.) RESPONDENT was summoned, the notice of accusation was put to the Respondent, he pleaded not guilty and alleged that cheque only bore his signatures but a fraud was committed by the Appellant and no consideration had passed on to him.