BHANWAROO KHAN, J. - (1.) THE facts relevant for the disposal of this criminal leave to appeal in short are that complainant appellant Dharmesh Singh filed a complaint against accused-respondent Suresh for commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') with the allegations that accused respondent borrowed Rs.70,000/-from him and for the repayment of the borrowed amount cheque No.315400 amounting to Rs.70,000/- was issued on 25.10.2005. The cheque was submitted for clearance on 14.1.2006, the same was returned with the remarks 'stop-payment'. A notice was also served, which was duly received by the accused but no payment was made. In such circumstances the complaint was filed.
(2.) THE trial court took cognizance of the offence and summoned the accused respondent, who appeared before the trial court and pleaded not guilty. To prove his case the complainant appellant examined four witnesses and got exhibited six documents. In defence the accused respondent has admitted the facts regarding issuance of cheque and stopping payment of the same but pleaded that the complainant on 11.10.2005 had purchased two submersible pump sets amounting to Rs.54,500/- and also got issued a submersible pump set to Ram Dayal on his behalf with this condition that the cheque issued by him would be returned to the accused respondent but inspite of this fact when the complainant did not return the cheque, he instructed the bank to stop payment as there was a dispute about payment of pump-sets. As there was dispute between the parties regarding payment the payment of the cheque was got stopped, therefore, no case is made out against him. In support of his case, the accused respondent got examined three witnesses.
(3.) THE trial court after recording evidence of the parties and after hearing both the sides and after going through the entire evidence on the record and also the legal aspect of the matter by the judgment dated 16.2.2008 acquitted the accused respondent of the offence under Section 138 of the Act.;