Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The learned Additional Sessions Judge II, Jamshedpur has acquitted the accused, opposite party no.2, herein of the charge under Section 138 of the Negotiable Instrument Act in Criminal Appeal No. 23 of 2013 and set aside the order of conviction rendered by the learned Chief Judicial Magistrate, Jamshedpur in C/1 Case No. 1445 of 2010. As per the complainant petitioner herein, the accused proprietor of Jaiswal Mineral Products, used to purchase diesel from the registered partnership firm of the complainant, who had been maintaining current and running account relating to the transactions. In view of the supply made, the accused opposite party no.2 herein had given cheques in discharge of his debt and liability. Particulars of the cheques are as follows:- I. Cheque No. 89249 dated 19.10.2009 of Bank of India, Bistupur, Jamshedpur of Rs. 1,67,550/- II. Cheque no. 89231 dated 12.10.2009, Bank of India, Bistupur, Jamshedpur of Rs. 1,67,550/- III. Cheque no.89221 dated 25.9.2009 of Bank of India, Bistupur, Jamshedpur of Rs. 1,67,550/- to the complainant / petitioner. The cheques on being presented by the complainant for payment were returned unpaid with remarks of insufficiency of the funds in the accused person's account. On 12.03.2010 the complainant was informed about dishonour of the cheques. The accused asked him to redeposit the cheques, which was done on 16.03.2010, but dishonoured on the same date due to insufficient fund. Thereafter a legal notice in terms of Section 138 of the N.I.Act was sent by the complainant on 09.04.2010 with a request to make payments within 15 days. The notice was returned unclaimed on 17.04.2010 and was received on 19.04.2010 by the complainant. Despite service of notice having been complied under section 138 of the N.I. Act, the accused failed to pay the amount in question. The complaint case was instituted thereafter. Summons were issued and after explaining accusation to the accused to which he pleaded not guilty, the trial commenced. Statement of the accused was recorded thereafter under Section 313 Cr.P.C., 1973
(3.) The complainant exhibited the following documents:- I. Ext.1 is the authorisation letter. II. Ext.2 and Ext.2/3 are the three cheques each of Rs. 167,50/- III. Ext.3 to Ext.3/2 are the cheque return memo of dated 12.3.10. IV. Ext.3/3 to Ext.3/4 are the cheque return memo of dated 16.3.10. V. Ext.4 is the advocate notice VI. Ext.4/1 is the postal receipt VII. Ext. 5 is the envelope. ;