SANTOSH KUMAR SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for both sides.

(2.) Evidences were adduced by both the sides before the Court below in their favour and on appraisal of the evidence, brought on record, the Court below vide judgment dated 10.6.2008 acquitted the accused of the charge, mainly on the ground that the complainant had failed to prove that the demand notice was in fact sent to the accused.

(3.) Learned Counsel for the appellant-complainant has submitted that the impugned judgment passed by the Court below is absolutely illegal, inasmuch as there is a presumption against the drawer of the cheque, once the issuance of the cheque is proved in the Court. Learned Counsel for the appellant-complainant has further submitted that the complainant has proved the complaint petition, the cheque and the demand notice in the Court below and as such, it could not be said that no demand notice was issued to the complainant.