LAXMI DHAR Vs. GURDIAL SINGH

JUDGEMENT

(1.) Instant Criminal Appeal is directed against the judgment, dated 26.7.2010, passed by learned Judicial Magistrate 1st Class, Kandaghat, District Solan, H.P., in Criminal Case No.15/3 of 2002, whereby the complaint under Section 138 of the Negotiable Instruments Act, having been filed by the appellant ( hereinafter referred to as the complainant) has been rejected.

(2.) Briefly stated facts as emerge from the record are that the complainant filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) against the respondent (hereinafter referred to as the accused), alleging therein that with a view to discharge liability and for consideration, accused had issued cheque bearing No. 465181, dated 20.9.2002, amounting to Rs. 1,80,000/ in favour of the complainant, drawn on UCO Bank, Kandaghat of his account No.7693. However, fact remains that aforesaid cheque issued by the accused was dishonoured on its presentation. UCO Bank Kandaghat returned the cheque in question with the remarks " insufficient funds" and " payment stopped by the drawer". After having received aforesaid information from the bank concerned, complainant got legal notice issued to the accused calling upon him to make the payment within stipulated period, but since accused failed to make the payment good within period prescribed in legal notice, he was compelled to initiate proceedings under Section 138 of the Act, in the competent Court of law.

(3.) Subsequently, learned trial Court on the basis of the material adduced on record by the respective parties, held accused not guilty of having committed offence punishable under Section 138 of the Act and accordingly, acquitted him and dismissed the complaint. In the aforesaid background, complainant has approached this Court in the instant proceedings, seeking therein conviction of accused, after setting aside the judgment of acquittal recorded by the learned trial court.