CUTTACK, India, May 19 -- Orissa High Court issued the following order on April 17:

1. The Appellant has filed the instant CRLLP under Section 378(4) of the Code of Criminal Procedure, 1973/ Section 419(4) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellant jurisdiction of this Court. The appeal is preferred against the Judgment dated 03.05.2021 passed by the learned J.M.F.C, Jajpur, in J.O. Code-OD-00825, in 1CC Case No. 295/2018 (T.R. No. 92/2021), whereby the Respondent has been acquitted for the offence committed under Section 138 of Negotiable Instrument Act, 1881.

I. FACTUAL MATRIX OF THE CASE:

2. The brief facts of the case are as follows:

(i) On 02.11.2018, the Appellant instituted a complaint petition, being 1CC Case No. 295 of 2018, under Section 138 of the Negotiable Instrument Act, 1881, against the Respondent, alleging dishonour of a cheque issued by the Respondent in favour of the Appellant towards discharge of a legally enforceable debt/liability.

(ii) It was stated therein that the Appellant and the Respondent were well acquainted with each other, being residents of the same village. The Respondent had taken a cash loan of Rs. 4,50,000/- from the Appellant to meet the expenses of his daughter's marriage, with a promise to repay the said amount within 15 days from the date of receipt.

(iii) Thereafter, the Respondent received the said amount but failed to repay the same within the stipulated period as promised. Despite repeated demands made by the Appellant, the Respondent avoided repayment on one pretext or the other.

(iv) Ultimately, on 24.06.2018, the Respondent issued a cheque bearing No. 012455 drawn on Bank of India, Chittalo Branch, Jajpur for an amount of Rs. 4,50,000/- in favour of the Appellant, assuring that sufficient funds were available in his account for its encashment. Thereafter, on 24.09.2018, the Appellant presented the said cheque in his collecting bank, i.e., Union Bank of India, Jajpur Town Branch, for encashment, but the same was returned unpaid with the endorsement "Funds Insufficient".

(v) Thereafter, on 10.10.2018, the Appellant issued a statutory demand notice under Section 138 of N.I. Act, 1881, to the Respondent by registered post, demanding payment of the cheque amount, which was duly received by the Respondent. (vi) On the basis of the said complaint, a complaint case was registered on 02.11.2018, wherein the initial statement of the complainant under Section 200 of Cr.P.C. was recorded on 05.01.2019, and cognizance under Section 138 of N.I. Act, was taken against the Respondent.

(vii) Thereafter, the Appellant substantiated his case by adducing both oral as well as documentary evidence. The learned Magistrate framed as many as six issues for determination; however, upon an erroneous appreciation of the materials on record, vide judgment dated 03.05.2021, acquitted the Respondent by holding him not guilty of the offence punishable under Section 138 of N.I. Act, 1881.

Being aggrieved by the aforesaid facts and circumstances, the Petitioner has been constrained to approach this Court by way of the present criminal appeal.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoIty08OdAoaNL40H6MMr12f8Y%2BuGE7Bet3bxFAXhC%2BVJ&caseno=CRLLP/17/2021&cCode=1&cino=ODHC010353352021&state_code=11&appFlag=)

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