DALIP SINGH NEGI Vs. ANKIT GUPTA

JUDGEMENT

(1.) The appellant is the complainant, who aggrieved by the order of acquittal passed by the learned Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmaur on 23.08.2018 in a complaint under Section 138 of the Negotiable Instruments Act (for short the 'Act'), has filed the instant appeal.

(2.) Taking into consideration the nature of the order I propose to pass, it is not necessary to delve into the facts in detail save and except that the appellant filed a complaint against the respondent/accused on the allegations that respondent/accused and his father were having business at Saharanpur and having cordial relationship. In the year, 2011, the father of the accused was ill and as such he sought help of Rs. 50,000/- in January, 2011, for the first time which was paid to him. Thereafter repeatedly the complainant lent accused an amount of Rs.4,00,000/- from April, 2011 to November, 2011 @ Rs.50,000/- per month. However his father died and complainant did not approach him to refund the amount for one year and it was on 04.04.2013 that in order to discharge his liability respondent/accused issued a cheque for Rs.4,50,000/-, which on presentation came to be dishonoured vide memo dated 10.05.2013 with endorsement "Account Closed". Legal notice was issued on 17.05.2013, however, despite receipt thereof, the respondent/accused did not pay the cheque amount, constraining the complainant to file the complaint under Section 138 of the Act.

(3.) On the basis of preliminary evidence led by the complainant, the respondent/accused was summoned and claimed trial by pleading not guilty.