Madhya Pradesh High Court Amarjeet Singh vs Smt. Kanaklata


Madhya Pradesh :




Ms. Kiran Mehta, counsel for the applicant.

Heard on admission.

The applicant has moved the present leave application against the

judgment dated 26.2.2013 passed by the Judicial Magistrate First

Class, Mandla in Criminal Case No.1573/2010 whereby, the

respondent has been acquitted from the charge of Section 138 of the

Negotiable Instrument Act, 1881 (hereinafter in short “N.I. Act”).

The facts of the case in short, is that, the applicant filed a criminal complaint against the respondent that son of the applicant sold a truck to the respondent in the month of January 2010. The respondent had to pay a sum of Rs.1,10,000/- and remaining amount was paid by her to son of the applicant. Since the son of the applicant was interested to purchase a new truck, the applicant gave a sum of Rs.1,10,000/- to the respondent on credit so that it can be paid to the son of the applicant and thereafter, the respondent had issued a cheque on 1.7.2010 in name of the applicant for a sum of Rs.1,10,000/-. When the cheque was produced before the concerned Bank for payment then it was dishonored. A demand notice was given and thereafter, a complaint was filed.

After considering the submissions made by the learned counsel for the applicant and looking to the evidence adduced by the parties before the trial...

To continue reading