SANJAY RAWANI Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and for the State.

(2.) Petitioner seeks leave to appeal against the judgment of acquittal dated 17.9.2013 passed by learned Civil Judge (Jr. Division No. 1), S.D.J.M, Koderma in Complaint Case No.607of 2009 (T.R. No. 915 of 2013).

(3.) Bereft of unnecessary details, the plea of the petitioner herein is to be considered in the light of legal prescription required to be satisfied by such a Complainant in terms of Section 138 of the Negotiable Instruments Act. The Complainant on his part however had alleged that the accused with one another Ravi Narain Singh had agreed to pay Rs. 3,50,000/- for purchase of a piece of land having Khata No.613, Plot No. 1169, area 59 decimal at Mauza Gumo, Thana No. 12, P. S. Telaiya, District Koderma in favour of the Complainant/petitioner herein and got a registered sale deed executed by making payment of Rs. 1,35,000/- out of Rs. 3,50,000/-to the Complainant. Rest of the money was given by a cheque drawn on Bank of India, Jhumri Telaiya Branch of Rs. 2,15,000/-. The cheque bearing No. 053811 dated 9.9.2009 was deposited in the Union Bank of India Branch account No. 365702010091730 on 9.9.2009 but had bounced on 11.9.2009 on account of insufficient funds. The Complainant had got knowledge of the cheating committed by the accused. The accused despite being informed, deviated from his promise and lastly on 6.10.2009, when the accused vehemently abused him and slapped him, Complainant had reason to be aggrieved. Prior to that also the accused had given a cheque bearing No. 439001 dated 22.7.2008 for a sum of Rs. 20,000/-, which on deposit in State Bank of India, Koderma Branch account No. 30357421599 had bounced on 17.8.2009 due to insufficient fund. This led to the institution of the complaint case where in process were issued under Section 138 of the N.I. Act after solemn affirmation of the Complainant and inquiry under Section 202 of the Cr.P.C. The Complainant admittedly produced the cheque dated 9.9.2009 as Ext. 2 bearing the signature of the accused/opposite party herein and also the Bank slip as Ext. 3 and 3/1. Ext. 4 is the complaint petition and signature of the complainant thereupon. Rest of the material adduced during the trial were also in relation to the proceeding under Section144 of the Cr.P.C.