ASHOK LEYLAND FINANCE LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Ashok Leyland Finance Limited, is aggrieved by the judgment dated 10.8.2011 passed by Special Judicial Magistrate, N.I. Act Cases, No.2, Udaipur, whereby the learned Magistrate has acquitted Pratap Singh, respondent No.2, of offence under Section 138 of the N.I.Act ('the Act' for short).

(2.) Briefly, the facts of the case are that the appellant-company, was registered as financial institution to provide loan for buying vehicles. According to it, the accused-respondent took a loan of Rs. 8,60,000/- for buying a vehicle, registered as RJ- 27-G-7121. The accused-respondent was required to pay a total amount of Rs. 10,89,630/- in thirty-five installments. However, as the accused-respondent failed to pay the said amount, the vehicle was repossessed by the appellant; subsequently, it was sold in auction. According to the appellant, the accused-respondent had given a cheque, cheque no. 743389 dated 9.2.2006 for amount of Rs. 2,84,521/-. But when the said cheque was submitted for encashment, it was dishonoured. Therefore, the appellant sent a registered notice to the accusedrespondent. However, the said notice was returned with the noting that the accused-respondent no longer lives at the address. According to him, the cheque amount was never repaid by the accused-respondent. Therefore, the complaint under Section 138 of the Act.

(3.) In order to buttress its case, the appellant examined K.Shriniwasan (P.W.1), and submitted nine documents. Although the accused-respondent did not examine any witness, but he did submit four documents. After going through the oral and documentary evidence, vide judgment dated 10.8.2011 the learned Magistrate acquitted the accusedrespondent. Hence, this criminal leave to appeal before this Court.