Ravi Nath Verma, J. - (1.) The complainant has moved this Court under Sec. 372 of the Code of Criminal Procedure against the judgment of acquittal dated 15th September, 2015 passed by learned Additional Judicial Commissioner -IV, Ranchi in Cr. Appeal No. 06 of 2015 whereby and whereunder the judgment of conviction and order of sentence dated 12th December, 2014 passed by learned Judicial Magistrate, 1st Class, Ranchi in Complaint Case No. 2163 of 2012 (T.R. No. 1001 of 2014) has been set aside and the accused opposite party No. 2 has been acquitted of the charges.
(2.) The only question that arises for consideration in this appeal is whether the cheque issued by the respondent No. 2 could be considered in discharge of legally enforceable debt or other liability and, if so, whether dishonour of such cheque amounts to an offence under Sec. 138 of Negotiable Instrument Act, 1881 (in short 'the Act').
(3.) Bereft of unnecessary fact, the facts which is relevant for the purpose of proper adjudication of the issue involved in this appeal, in short, is that at the instance of the present appellant, a complaint was filed with the allegation that the respondent No. 2 - Ajay Kumar Upadhyay had taken a friendly loan of Rs. 6,40,000/ - on 09.07.2012 from the complainant and promised to make repayment of the said amount by 09.08.2012 but as the respondent No. 2 did not make any payment within the said stipulated period, on one pretext or other but subsequently on his request the respondent No. 2 issued a cheque bearing No. 156541 dated 09.10.2012 in favour of the complainant. However, on presentation of the cheque in the bank concerned for its encashment, the same was dishonoured showing 'insufficient fund'. After getting the return memo showing 'insufficient fund' dated 12.10.2012, a legal notice was sent to the respondent on 20.10.2012 but respondent No. 2 failed to make any payment whereafter the complaint case was instituted.;