JAGDISH CHANDRA BALAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal leave to appeal has been preferred by the leave-petitioner Jagdish Chandra Balai S/o Sh. Heera Lal Balai against the judgment dtd. 20/3/2018 passed by the learned Special Judicial Magistrate (NI Act Cases) No.2, Bhilwara in Criminal Case No.969/2016 whereby the learned Judge has acquitted the accused-respondents from the charges under Sec. 138 of the Negotiable Instruments Act. The said judgment of acquittal is under assail before this Court.

(2.) In nutshell the facts of the case as per the petitioner are that on 16/7/2012, the leave-petitioner has filed a complaint before the trial Court alleging inter alia that he lend some money to the accused-respondent to meet out his household needs, in lieu thereof, the respondent gave a cheque No.361396 dtd. 24/5/2012 amounting to Rs.1,00,000.00 of Oriental Bank of Commerce, Bhilwara, which upon presentation before the Bank concerned got dishonored with a remark that 'Account is dormant'. Thereafter, a registered legal notice was served upon the accused-respondent but no heed was paid by him. Thus, the said complaint under Sec. 138 NI Act has been filed before the learned Court of Special Judicial Magistrate (NI Act Cases) No.2, Bhilwara (hereinafter referred to as 'the learned trial Court'). After rigor of trial and meticulous examination of the evidence as well as considering the legal and factual aspects of the matter, the learned trial Court, after examining the accused under Sec. 313 Cr.P.C. as also after affording requisite opportunity of hearing to both the parties passed the judgment of acquittal by assigning proper reasoning vide judgment dtd. 20/3/2019, and acquitted the accused-respondent from the offences under Sec. 138 of the NI Act.

(3.) Heard learned counsel for the appellant as well as learned Public Prosecutor for the State and learned counsel for the respondent. Perused the judgment impugned as well as the relevant record of the case.