ANSAR QURESHI Vs. RITESH PATNI

JUDGEMENT

(1.) Instant appeal is preferred by appellant complainant aggrieved from judgment of acquittal dtd. 3/8/2022 in criminal case No. 914/2015 passed by learned Metropolitan Magistrate (NI Act Cases) No. 13, Jaipur Metro-II whereby respondents accused were acquitted from charge under Sec. 138 NI Act.

(2.) Aggrieved from judgment of acquittal S.B. Criminal Leave to Appeal was preferred by appellant complainant and on 20/9/2022 a Co-ordinate Bench has allowed leave. After registration of criminal appeal, service upon respondents accused was effected by publication in Dainik Bhaskar (Daily Newspaper) Edition dtd. 10/8/2023. The respondents remained absent despite service of notice.

(3.) Learned Counsel for appellant while relying upon ground of appeal submitted that respondent who is proprietor/authorized signatory of Rudrakash Land Developers and Associates has issued two cheques of Rs.15.00 lakhs each and same were dishonoured. He further submitted that after dishonour of cheque a legal notice was sent and accused has not made any payment in pursuant to legal notice. He further submitted that respondent accused has entered into a compromise and same was also exhibited by him. He further submitted that learned Trial Court ignoring the evidence about business transaction and admission has acquitted the respondent accused. He referred tactics adopted by respondent accused in delaying the trial and submitted that the admission of respondent accused is sufficient to presume that the cheques were issued against a legal liability, which were dishonoured due to insufficient funds in account of respondents. At last he submitted that the Judgement of Trial Court is not only perverse and illegal, but same was passed to help the respondent accused.