- (1.) This acquittal appeal is directed against the Judgment dated 25.05.2005 passed by Sri S.K.Dubey, learned Judicial Magistrate, First Class, Jamshedpur in C/l Case No. 479 of 2001 (T.R. No. 483 of 2005), whereby, upon adjudication of the case under Section 138 of Negotiable Instrument Act (hereinafter referred to as 'the N.I. Act'), the trial Court has held that the complainant has not been able to prove the case under Section 138 of the N.I. Act beyond all reasonable doubts and hence, has acquitted the respondents accused of the said accusation. The appellant complainant has filed this acquittal appeal against the said Judgment of acquittal.
(2.) An affidavit has been filed on behalf of the respondents to show that respondent No. 2, Ramesh Kumar Pansari died during the pendency of this appeal on 23.12.2009, The death certificate of the said accused respondent has been brought on record as Annexure -A. No rejoinder thereto has been filed. Accordingly, this appeal stands abated as against respondent No. 2, Ramesh Kumar Pansari.
(3.) The complainant's case, as made out in the complaint petition is that the complainant is a company, incorporated under the Companies Act and its Director, Shri Binod Kumar Debuka was authorized to represent the company and file the case against the accused. It is alleged in the complaint petition that sometimes in the month of October, 1999 both the accused persons visited the office of the complainant and made the Director of the complainant to understand that they are partners of M/s. Tatanagar Steel Products, carrying good reputation in the market and they impressed upon the complainant to supply the iron materials to the accused persons, assuring the regular payment on their behalf. On the above assurance of the accused persons, the complainant supplied iron materials to the accused persons till December 2000 and by that time, a sum of Rs. 6,44,320.50/- was due against the accused persons. At one point of time, the accused persons paid a sum of Rs. 60,750/- to the complainant in the month of December, 2000, but still a sum of Rs. 5,83,560.50/- was due to the complainant. On 03.03.2001, both the accused persons came to the complainant and pleaded that they were in financial stringency and for coming out of the financial crisis, they required a loan of Rs. 1,00,000/-, which was also advanced by the complainant to the accused persons through a cheque dated 03.03.2001 in the name accused Ramesh Kumar Pansari Thereafter both the accused persons issued a cheque bearing No. 29406 dated 08.03.2001 in favour of the complainant for Rs. 6,83,560.50/-, drawn upon the Union Bank of India, SSI Branch, Jamshedpur. The said cheque was deposited in the Bank on 13.03.2001, but on 15.03.2001, the complainant was informed by the Bank that the payment was stopped by the accused persons. On 28.03.2001, a legal notice of demand was given by the complainant to the accused persons, which was duly served upon them on 29.03.2001. As the payment was not made to the complainant in spite of receiving the notice, the said complaint petition was filed.;