(1.) Heard learned counsels for both the sides.
(2.) This appeal is directed against the Judgment of acquittal dated 10th April 2000 passed by Shri Narad Pandey, Judicial Magistrate, 1st Class, Jmashedpur, in C/1 Case no. 174 of 1997, whereby the respondent no. 2, who was put on trial for the offence under Section 138 of the Negotiable Instruments Act, has been acquitted of the acquisition.
(3.) According to the case of the complainant, as disclosed in the complaint petition filed in the Court below, the accused Sk. Hasmat took a friendly loan of Rs. 6,25,000/- from the complainant on different dates between January 1996 to May 1996 with a promise to pay back the same within a year. Out of the said amount, Rs. 1,00,000/- was paid back by the accused and against the balance of Rs. 5,25,000/-, the accused gave the complainant a cheque bearing no. 253784 dated 15.9.1996 of Rs. 50,000/- drawn upon State Bank of India, Mango Branch, Jamshedpur. The said cheque was presented by the complainant in State Bank of India, Mango Branch, Jamshedpur, but the same was dishonoured vide Memo dated 18.9.1996, due to insufficient fund in the account of accused. However, when the complainant informed the accused about the dishonour of the cheque, the accused apologized to the complainant and he issued one more cheque bearing no. 253785 dated 10.10.1996 for Rs. 50,000/- against the remaining outstanding dues to the complaint and requested the complainant to produce both the cheques in the Bank on 10.10.1996 assuring that both the cheques would be enchased. Before the presentation of the cheques in the Bank, the accused again requested the complainant to produce the cheques in the Bank on 20.2.1997. Accordingly, both the cheques were presented by the complainant in the Bank on 24.2.1997, but again both the cheques were dishonoured, due to insufficient balance vide Memo dated 24.2.1997. Accordingly, a Legal Notice was given by the complainant to the accused on 10.3.1997 making demand of the amount, but upon the failure of the accused, the complaint petition was filed in the Court below, which was numbered as C/1 Case No. 174 of 1997.