JAIPUR THAR GRAMIN BANK Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present criminal leave to appeal being aggrieved by the judgment dt. 29/11/2019 passed by the learned Judicial Magistrate, Jaisalmer in Criminal Regular Case No. 774/2013 (1188/14), whereby the learned Magistrate has acquitted the respondent no.2 for offence under Sec. 138 of the Negotiable Instruments Act ('the Act', for short).

(2.) Briefly, the facts of the case are that appellant filed a complaint under Sec. 138 of the Act alleging that the respondent No.2 had taken loan from the appellant in the sum of Rs.35,000.00 and the appellant Bank sanctioned the said loan on 11/11/2005 and the respondent accused agreed to pay the instalments regularly and against the said loan the respondent submitted a cheque of Rs.44,000.00 No. 723213 dtd. 16/2/2012. It is alleged that when the appellant presented the cheque in the Bank, the same was dishonoured due to want of sufficient funds. Subsequently, the complainant sent a registered notice to the respondent. However, despite receiving the notice, the respondent did not make the payment and settle the account, therefore, he filed a complaint under Sec. 138 of N.I. Act.

(3.) The learned trial court after taking cognizance of the offence issued notice to the respondent accused who appeared in the Court, denied charges and claimed trial.