VIPIN PAUL SHARMA Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS Criminal Acquittal Appeal is directed against the judgment/order dated 8th of August, 2005 passed by Judicial Magistrate 1st Class, Sunderbani, Rajouri, in complaint titled Vipan Paul v. Joginder Singh, File No.32/2003, where under complaint came to be dismissed and accused came to be acquitted.

(2.) APPELLANT/complainant filed a complaint before the trial Court under Section 138 of the Negotiable Instruments Act. 1881, for short the Act. Trial Court has drawn cognizance and issued process against the accused/ respondent. Complainant examined witnesses, namely. Monohar Lal Sharma, T. K. Ambardar and Harbans Lal as witnesses and his statement came to be recorded. The accused examined two witnesses, namely, Sanjeev Kumar and Nethay Gupta, in support of his defence and his statement also came to be recorded.

(3.) THE trial Court held that complainant has not proved that he had made the demand and asked the drawer/accused to make the payment of the cheque amount. I am of the considered view that the finding returned by the trial Court needs no interference and merits to be upheld for the following reasons: