PRAMOD KUMAR Vs. ARJUN KUMAR

JUDGEMENT

(1.) THE appellant, Promod Kumar is aggrieved by the judgment dated 29.08.2007 passed by Judicial Magistrate (North), Udaipur, whereby the learned Magistrate has acquitted the respondent, Arjun Kumar, for offence under Section 138 of the Negotiable Instruments Act ('the Act', for short).

(2.) IN brief, the facts of the case are that the appellant lodged a complaint under Section 138 of the Act before the learned Magistrate. In the complaint, he claimed that on 01.08.2001, Arjun Kumar had borrowed Rs. 50,000/- from him. In order to repay the said loan, he had issued a Cheque, Cheque No. 15406 dated 24.04.2001, drawn on Mewar Anchalik Gramin Bank, Branch Udaipur. He further claimed that on 28.04.2001 he presented the cheque for encashment; on 30.04.2001 he was informed that the cheque could not be honoured, as the account was already closed. Thereafter, on 03.05.2001 he sent a registered notice to Arjun Kumar through his lawyer. The said notice was received by Arjun Kumar on 08.05.2001- However, despite the receipt of the said notice, Arjun Kumar did not repay the said amount. Therefore, the complaint under Section 138 of the N.I. Act was filed.

(3.) MR . Sanjay Mathur, the learned counsel for the complainant-appellant, has vehemently contended that the learned Magistrate has failed to appreciate the evidence in proper perspec tive. Secondly, that once it was proven that the cheque was duly signed by Arjun Kumar, a pre- sumption should have been drawn against him. However, the learned Magistrate has drawn a presumption against the complainant himself and has erred in acquitting Arjun Kumar for the of- fence under Section 138 of the Act.