BABU RAM PARIHAR Vs. NAVEEN TAK

JUDGEMENT

(1.) This appeal against acquittal of the sole respondent has been preferred under Sec. 378(4) Cr.P.C. Leave to appeal was allowed by order dtd. 29/5/2023. Though, the appellant is a victim of crime, he may have preferred appeal before the Ordinary Court of appeal under the proviso to Sec. 372 Cr.P.C., however, the appellant chose to approach this Court for leave to appeal and leave has already been granted. This matter is being finally disposed off by this Court.

(2.) Heard the parties and perused the records.

(3.) The case and claim of the appellant is that he had advanced Rs.4,39,000.00 to the sole respondent and to ensure repayment of the same, the sole respondent had issued cheque no. 626216 on 12/5/2009 of Rs.4,39,000.00 (Ex.1). The cheque was presented to the bank and the bank returned it due to"insufficient funds" on 29/5/2009 (Ex.2). Thereafter, legal notice was sent to the sole respondent on 24/6/2009 (Ex.3). A copy of the registered receipts etc. are (Ex.5, Ex.6 and Ex.7). On failure of the sole respondent to pay back the cheque amount, the complaint was filed on 16/7/2009. The complainant examined himself as PW.1 and proved the aforesaid fact through his oral evidence as well as through the documents referred above.