JAGDISH RAM THAKUR Vs. CHAMPA DEVI

JUDGEMENT

(1.) The appellant is the complainant, who aggrieved by the acquittal of the respondent in the complaint instituted by him under Sec. 138 of the Negotiable Instruments Act (for short the 'Act'), has filed the instant appeal.

(2.) Briefly stated, the case of the complainant was that the accused/respondent used to have business transaction with the complainant and taking advantage of such business transactions had purchased diesel worth Rs.4,55,000.00 on credit and assured the complainant that the same shall be paid within few days. When the respondent was asked to settle the account, she handed over a cheque Ext.C-1 dated 27.12.2012 for the aforesaid amount on an account maintained by her with Punjab National Bank, which on presentation was received back dishonoured with the remarks 'funds insufficient'. The petitioner thereafter issued notice to the respondent which was duly served upon her, yet she failed to make the payment, constraining the petitioner to file a complaint under Sec. 138 of the Act.

(3.) The complainant/petitioner in support of his contention, examined two witnesses. Thereafter, the statement of the respondent under Sec. 313 Crimial P.C. was recorded. However, the respondent did not choose to lead any evidence and on the basis of the evidence on record, the learned trial Court proceeded to acquit the respondent/accused.