RAM CHAND Vs. SURESH KUMAR

JUDGEMENT

(1.) The instant appeal, stands, directed against, the, impugned judgment, of, acquittal, pronounced, upon, RBT No.100/2 of 16/11, on 26.2.2018. The impugned judgment, is, rendered, vis-a-vis, a charge, appertaining, to, commission, of, an offence, punishable, under Section 138, of, the Negotiable Instruments Act, 1881 (hereinafter referred, to, as "the Act").

(2.) A cheque, bearing Ext. C-1, and, carrying therein a sum of Rs. 5,00,000/-, was, issued by the respondentaccused, vis-a-vis, the appellant-complainant. However, on its presentation, before the banker concerned, the latter, vide Ext. C-3, returned the afore cheque, and, declared it, as, dishonored, for, want of insufficient funds, in contemporaneity, vis-a-vis, its presentation, in, the account(s), of, the respondent-accused.

(3.) Section 139 "of the Act", leverages, a, statutory presumption, vis-a-vis, the holder, of, the apposite cheque, provisions whereof are extracted hereinafter:-