PRASHANT PARAKH Vs. SUBHASH CHOUDHARY
LAWS(CHH)-2020-2-137
HIGH COURT OF CHHATTISGARH
Decided on February 27,2020

Prashant Parakh Appellant
VERSUS
Subhash Choudhary Respondents


Referred Judgements :-

RANGAPPA VS. SRI MOHAN [REFERRED TO]


JUDGEMENT

Ram Prasanna Sharma, J. - (1.)The appeal is directed against judgment dated 23.11.2009 passed by Judicial Magistrate First Class, Balod Distt. Durg (Chhattisgarh) in Criminal Case No. 383/2008 whereby the said Court acquitted the respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881(for short 'the Act 1881').
(2.)As per the version of the appellant/complainant, he gave cash loan of Rs.80,000/- to the respondent/accused and for that payment two cheque bearing No. 737011 dated 30.12.2007 for Rs.60,000/- and No.737014 dated 15.01.2008 for Rs.20,000/- of District Co-operative Bank Limited Durg, Branch Balod were issued by him in favour of the appellant. Both cheque were presented before the Bank for encashment in his account at State Bank of India in A/c. No.8086364 and both the cheque were dishonoured on account of insufficiency of fund in the account of the respondent. Thereafter legal notice was sent and even after receiving the notice the payment is not made, hence, complaint under Section 138 of the Act 1881 was filed before the said Court which resulted into acquittal.
(3.)Learned counsel for the appellant submits as under:
(i) Cheque were issued on account of debt and after dishounour or the cheque, notice was issued to the respondent but no reply was given to said notice which shows that the respondent is accepting his liability.

(ii) The respondent is saying that cheque were issued for surety purpose but this fact was not replied in the notice issued to him, therefore, this version of the respondent is after thought and the same is not liable to be sustained.

(iii) The trial Court has not evaluated the evidence, properly, therefore, the finding of the trial Court is liable to be set aside and the respondent may be convicted.

(iv) To substantiate his arguments, learned counsel for the appellant placed his reliance in the matter of Rangappa Vs. Sri Mohan,2010 11 SCC 411.



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