DEEPAK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Instant appeal has been filed on behalf of appellant/complainant in accordance with Sec. 378(4) of the CrPC against the judgment of acquittal dtd. 8/2/2018 whereby and whereunder Respondent No. 2/accused has been acquitted by the learned ACJM, 1st, Danapur in complaint case No. 855 (c)/2014.

(2.) It is worth mention to note that vide order dtd. 22/11/2018 passed in SLA No. 15/2018, appellant had already succeeded in procuring the leave with regard thereto.

(3.) Succinctly, the case of the appellant/complainant as framed in complaint petition filed on 21/7/2014 is to the effect that complainant as well as accused happens to be a bosom friend and on account thereof, have got trust as well as faith upon each other. In the aforesaid background, the accused asked for a friendly loan in the month of March 2014 appertaining to Rs.25.00 Lacs and further, assured that the aforesaid amount will be returned back within one month putting reliance upon his assurance, he paid the amount. In the month of 2014, the accused repaid Rs.1, 24,000.00 out of Rs.25.00 Lacs, whereupon remaining amount of Rs.23, 76,000.00 stood due and for that, undertook that the aforesaid amount would be repaid in shortest span of time but did not keep his words, whereupon, the complainant exerted pressure for repayment. Lastly, on 18/6/2014, accused called him at his residence and handed over cheque bearing no. 204735 of Canara Bank which the complainant deposited in his account standing in Axis Bank and as reported, the cheque could not be honoured on account of insufficient fund. Thereafter, the complainant served a registered Advocate notice on 8/7/2014 but, even after receipt thereof, accused failed to make payment of the due amount. Thereafter, the complainant had approached the police wherefrom registration of case was declined as a result of which a Complaint Case has been filed.