BHASKAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This acquittal appeal is directed against the Judgment dated 17.9.2007 passed by Sri Santosh Kumar, Judicial Magistrate, 1st class, Hazaribagh in complaint case No. 605 of 2004 / Trial No. 731 of 2007, whereby, the Court below has held that the complainant has not been able to prove the allegation beyond the shadows of all reasonable doubts against this accused under Section 138 of the N.I. Act and accordingly, acquitted the respondent accused from the said charge.

(2.) The case of the appellant complainant as made out in the complaint petition filed by him in the Court below, is that the complainant and the accused were good friends and were doing iron scrap business jointly and later on, it was decided between them that if the accused would pay the invested share amount to the complainant, the complainant will leave his joint business. Accordingly, the accused paid the said amount to the complainant on 15.3.2004 through cheque bearing No. 7198002, drawn upon the Canara Bank. Hazaribagh Branch, for a sum of Rupees Seven Lakhs. The said cheque was produced before the Bank on 24.6.2004 by the complainant, but the same was returned unpaid by the Bank with the certificate "Fund Insufficient". Thereafter, the complainant sent a legal notice of demand to the accused with a request to pay the amount within 15 days and as the accused refused to make the payment of the amount even acknowledging the receipt of the notice, the said complaint petition was filed on 24.7.2004.

(3.) Upon examination of the complainant on Solemn Affirmation and finding the prima facie case against the accused, the process was issued to the accused and in course of trial, evidences were adduced by both the sides. Ultimately, upon adjudication of the case, the case resulted in acquittal of the accused as aforesaid. Hence, this appeal.