MD. NAYEEMUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court Heard the parties finally.

(2.) THIS acquittal appeal arises out of the judgment dated 5.7.2010 passed by the Chief Judicial Magistrate, Lohardaga in Complain Case No. 114 of 2006 acquitting the respondent no. 2 - Faruque Khan under Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'N. I. Act').

(3.) ON the other hand, Mr. Sanjay Prasad, learned counsel appearing for the respondent no. 2 relying on the judgment reported in (2003) 1 SCC 1 C. Antony Vs. K. G. Raghavan Nair , submitted that the findings of acquittal in this case may not be interfered. Supporting the impugned judgment he further submitted that the amount was filled in other hand writing in the cheque. He also submitted that a complaint case being Case No. 33 of 2008 was filed by the complainant (Exhibit 6) as the accused misused one of the 12 cheques given to him for handing them over to the financier, and therefore, non-reply to the notice was inconsequential.