SMT. NARBADA Vs. ASHOK

JUDGEMENT

(1.) This criminal leave to appeal is preferred by the appellant seeking leave to file appeal against the judgment dated 30.01.2017 passed by the Special Judicial Magistrate NI Act Cases, No. 4, Udaipur (for short 'the trial court') in case No. 2396/2015 whereby the trial court has acquitted the accused respondent for the offence punishable under section 138 of the Negotiable Instruments Act (hereinafter to be referred as NI Act).

(2.) The brief facts of the case are that the appellant has filed a complaint under section 138 of the NI Act against the respondent with the allegation that she has advanced a loan of Rs. 50,000/- to the respondent and for the repayment of the said loan the respondent has given her cheque No. 669187, however when the said cheque was presented for realisation in the concerned bank, the same was returned with a remark of "insufficient opening balance". It is stated that notice under section 138 of the NI Act was served upon the accused respondent, however, despite service of the same, the loan advanced by her to the tune of Rs. 50,000/- was not paid by the accused-respondent.

(3.) The trial court took cognisance against the accused-respondent for the offence under section 138 of the NI Act and has also framed charge against the accused-respondent for the same.