ASHOK KUMAR Vs. DAULAT RAM

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-complainant (hereinafter referred to as the complainant) under Sec. 378 of Criminal Procedure Code (for short 'Cr.P.C.') against judgment dtd. 6/9/2013, passed by learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, H.P., in Criminal Complaint No.28/3 of 2011, whereby the accused (respondent herein) was acquitted of the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short, 'the NI Act').

(2.) Briefly stated the facts of the case, as emerge from the record, are that the complainant, due to his friendly relations with the accused, paid him a sum of Rs.2,50,000.00 on 11/10/2011 as he was in urgent need of the money for his personal use. In order to discharge his liability, the accused issued a cheque bearing No.5492002 dtd. 20/12/2011 amounting to Rs.2,50,000.00 in favour of the complainant, drawn at HP State Co-operative Bank, Lana Cheta, Tehsil Rajgarh. However, on presentation, the aforesaid cheque was dishonoured with the remarks 'funds insufficient' in the bank account of the accused. Thereafter, the complainant issued a legal notice dtd. 28/1/2012 to the accused demanding the cheque amount, but the accused neither replied to the said notice nor any payment was made to him. Subsequently, the complainant filed a complaint against the accused before the learned trial Court.

(3.) The learned trial Court after having found sufficient material against the accused had put notice of accusation to him, vide order dtd. 26/9/2012 and on conclusion of trial, the learned trial Court acquitted the accused for the commission of the offence under Sec. 138 of the NI Act, hence, the present appeal by the complainant.