GOYAL ENTERPRISES Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) THIS appeal is directed against the Judgment of acquittal passed by Shri Asif Equbal, Judicial Magistrate, 1st Class Jamshedpur, in Complaint Case No. C/ 1 181of 2001, T.R. No.976 of 2007, 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.) IN the Court below, the authorized attorney of the complainant, namely, Hardeep Singh was examined as CW-1, wherein he has deposed about the complaint case. He has proved his authority letter which was marked as Exhibit 1. He has also proved the cheques which were marked as Exhibits 2 and 2/1. He has proved the Return Memo of the Bank which has been marked has Exhibit 3. This witness has also proved the legal notice of demand, which was marked as Exhibit 5. Postal receipts of sending the notice of demand were marked as Exhibits 6 and 6/1. The Acknowledgment due has also been proved, which has been marked as Exhibit 7. In his cross examination about the cheques, he has denied the suggestion that there were any interpolation in the dates on the cheques.