B. BABU RAO Vs. KISHORE NAIDU DURGA MANIK

JUDGEMENT

(1.) Aggrieved by the acquittal of the respondent herein for the offence under Sec. 138 of Negotiable Instruments Act, the present appeal is filed by the complainant.

(2.) The facts of the case are that the appellant/complainant and the respondent/accused are friends since long time. The complaint informed the accused that his son applied for the post of Technical Fitter in Midhani Factory, Hyderabad. The respondent/accused promised to provide said job, but asked the complainant to pay an amount of Rs.3,00,000.00 for appointment order. However, even after lapse of one year, the accused failed to provide job as promised and upon insisting, the respondent/accused issued cheque bearing No.656237 dtd. 16/9/2015 for Rs.3,00,000.00.

(3.) The said cheque when sent for clearance was returned with an endorsement 'funds insufficient'. The complainant issued legal notice and thereafter filed complaint before the concerned Magistrate Court. The learned Magistrate after completing the examination of the complainant/P.W.1 and marking Exs.P1 to P6, found the accused not guilty for the reason of the understanding between the complainant and the accused regarding giving the amount for securing job as per se illegal according to Sec. 23 of the Indian Contract Act and the object of such agreement of securing such job is unlawful. The amount was towards bribe and immoral and also a punishable offence. In the said background, when the cheque was issued consequent to an unlawful agreement, presumption under Ss. 118 and 139 of Negotiable Instruments Act, cannot be raised, for which reason, the accused was acquitted.