SARASWATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the complainant appellant and learned counsel for the State.

(2.) The complainant appellant is aggrieved by the impugned Judgment of acquittal dated 5 th December 2016, passed by the learned Addl. Sessions Judge-I, Ramgarh, in Criminal Appeal No. 16 of 2015, whereby the appeal filed by respondent No.2, challenging her conviction and sentence in the Judgment and Order dated 20.1.2015, passed by the learned Judicial Magistrate, 1 st Class, Hazaribag, in Complaint Case No. 1145 of 2013 / T.R. No. 472 of 2015, finding her guilty, and convicting and sentencing her for the offence under Section 138 of the N.I. Act, has been set aside by the Appellate Court below, allowing the appeal and acquitting the respondent No.2 of the charge.

(3.) The impugned Judgment shows that according to the complainant appellant's case, both the parties were in good relationship and the private respondent had taken a friendly loan from the complainant appellant to the tune of Rs. 2,00,000/- on 9.2013 for the purpose of family function, which was managed and given to the respondent No.2 by the complainant appellant. The respondent No.2 promised to return the amount by 10.4.2013 and she issued a Cheque No. 969797 dated 10.4.2013, for the amount of Rs. 2,00,000/- in favour of the complainant appellant. The said cheque was presented by the complainant in the Bank on 18.5.2013, which was dishonored on account of "insufficient fund" and information was given to the complainant. The complaint sent a legal notice to the accused respondent on 25.2013 through registered post, which was received by the respondent No.2 on 27.5.2013, and after the lapse of statutory period, when no payment was made, the complaint was filed by the complainant.