DEEPAK LOHIYA Vs. NIRMALA DEVI JAIN

JUDGEMENT

(1.) The instant appeal is directed against the judgment dtd. 13/2/2020 passed by the learned Trial Court, whereby the respondent, Smt. Nirmala Devi, was acquitted of the charges levelled against her. Leave was granted to the appellant to prefer an appeal. There was a delay of 228 days in filing the appeal, which was also condoned.

(2.) The respondent has been duly served and is represented by learned counsel, Shri R.S. Chundawat. The respondent no.1 was not present on the previous date of hearing. Furthermore, the respondent no.1 and his counsel were also absent on 17/3/2025, 16/12/2024, 6/5/2024, 8/4/2024, and 5/2/2024. In pursuance of the process issued, the respondent, who is an elderly lady, appeared in person along with her counsel.

(3.) Briefly stated, the facts of the case are that a criminal complaint was filed at the instance of the appellant, alleging, inter alia, that the accused-respondent had borrowed a sum of money and, in discharge of said liability, issued a cheque drawn on ICICI Bank, Bhilwara, dtd. 7/3/2008, amounting to Rs.4,00,000.00. On 30/8/2008, the said cheque was returned unpaid, having been dishonoured due to insufficiency of funds in the account.