GOYAL ENTERPRISES Vs. STATE

JUDGEMENT

(1.) HEARD learned counsels for both the sides.

(2.) THIS appeal is directed against the Judgment of acquittal passed by Shri S.K. Dubey, Judicial Magistrate, Jamshedpur, on 13.02.2006, in a Complaint case, being C/1 case No.166 of 2001, T.R. No.514 of 2006, whereby, in the complaint case filed by the appellant complainant for the offence under Section 138 of the Negotiable Instrument Act. (hereinafter referred to as 'the N.I. Act'), the Court below upon adjudication has acquitted the respondent accused, finding him not guilty for the offence charged.

(3.) CW - 1 Hardeep Singh has deposed about issuance of cheques by the respondent accused and depositing the same in the Bank. The cheques were proved in the Court as Exhibits 1 and 1/2. Though he has stated that the cheques were returned with the Bank Return Memo, but the same were not marked as exhibits. He has also stated about the legal notice, which was sent to the respondent accused and the same was proved as Exhibit 2. The acknowledgments of the legal notice were marked as Exhibits 3/1 and 3/2. In his cross examination on behalf of the defence regarding the legal notice, he has admitted that the signature on the acknowledgment is not of the accused. In his cross examination about the cheques, he has denied the suggestion that there were any interpolation in the dates on the cheques.