- (1.) Heard learned counsels for both the sides and perused the record.
(2.) This Acquittal Appeal is directed against the Judgment of acquittal dated 14th December 2007 passed by Sri Uttam Anand, Judicial Magistrate, Jamshedpur in C/1 Case no. 379 of 2000 / Trial No.1328 of 2007, whereby, upon adjudication of the case, the Court below has found that the complainant has not been able to prove the case and bring home the acquisition under Section 138 of the Negotiable Instrument Act against the accused beyond all reasonable doubts and has acquitted the accused of the acquisition.
(3.) According to the complainant's case, as made out in the complaint petition filed by him, it appears that the complainant is a businessman having a proprietorship business of medicines. The complainant sold medicines to the accused vide Bill No. 24 dated 17.3.1999 amounting to Rs. 18,398.86/- and Bill No. 001 dated 10.5.1999 amounting to Rs. 55,197.66/- total being Rs. 73,596.52/-, on credit and said medicines were delivered to the accused, who promised to repay the credited amount after one month. After several reminders, the accused issued a cheque drawn upon Vijaya Bank, Dhanbad Branch for an amount of Rs. 73,596.52/- which the accused had issued as the proprietor of Ritika Enterprises, Dhanbad in favour of the complainant, being cheque No. 0104386 dated 1.2.2000. The complainant deposited the said cheque in his account in UCO Bank, Bistupur Main Branch at Jamshedpur but the same was dishonored showing the reason "insufficient fund", which was intimated to the complainant by the Bank on 19.3.2000. The complainant thereafter sent Legal Notice under registered post and Under Certificate of Posting, through his lawyer, requesting to pay the amount within 15 days, but in spite thereof, the amount was not paid and hence the complaint petition was filed in the Court of Chief Judicial Magistrate, Jamshedpur, which was registered as C/1 Case no. 379 of 2000.;