RAM PRASAD SAHU Vs. PANDEY GIRI

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THE complainant-appellant has filed the instant appeal for setting aside the impugned judgment dated 10th April, 1996 passed by Sri Dinesh Prasad Singh, Judicial magistrate, Ist Class, Ranchi in complaint case No. 274 of 1993 corresponding to trial No. 553 of 1996 after granting leave by this Court.

(3.) THE complaint case in brief is that the appellant has entered into an agreement with the respondent for sale of his house for which a cheque was issued on 4-4-1993 amounting to Rs. 3,000/- by the respondent which was dishonoured by the bank due to insufficient amount in the account. An advocate notice was sent on 4-9-1993 by registered post with A/d, but no amount was deposited or sent by the respondent to him. Hence, this case was filed. The complainant examined three witnesses in this case including himself as PW 1. PW 2, Pradip kumar Mukherjee, a formal witness who proved the notice dated 4-9-1993 and PW 3, Bipin Kumar Deogharia, is a witness to prove the issuance of a cheque in question by the accused respondent. After considering the oral and documentary evidence of the witnesses, the trial Court has given its finding to the effect that the complainant has failed to prove whether the notice was actually received by the accused or not.