The State Of Jharkhand vs Kishore Tiwari
2022 Latest Caselaw 4866 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Acq. Appeal (S.J.) No.41 of 2008
                                             ....

                The State of Jharkhand                                  ....    Appellant
                                             Versus
                Kishore Tiwari                                           .... Respondent
                                             ....
                CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the State                  : Ms. Nehala Sharmin, Spl. P.P.
                For the Respondent             :
                                               ....

12/05.12.2022             Heard learned counsel for the State.

The present acquittal appeal has been filed against the judgment and order of acquittal dated 23.07.2008 passed by the Sessions Judge, Palamau at Daltonganj in Criminal Appeal No.54 of 2006 arising out of Complaint Case No.251 of 1997 (Trial No.1824 of 2006) wherein the respondent has been acquitted from the charges under Section 138 of the N.I. Act.

It appears that a criminal law has been put into motion by filing a complaint making allegation that there was transaction regarding sale and purchase of the vehicle and the cheque which has been issued by the accused got dishonored.

The charge has been framed under Sections 406 & 420 of IPC and Section 138 of the N.I. Act. The trial court in complaint case No.251/97 (Trial No.1824 of 2006) has acquitted the accused from the charges under Sections 406 and 420 of the IPC but he has been convicted under Section 138 of N.I. Act.

Against the said order of conviction an appeal has been preferred. The appellate court has re-evaluated the evidence and it has found that the notice has been send under postal certificate which has been doubted. Further, the defense witnesses have stated that some money has been paid by the accused person and thus the cheque amount was not legally payable dues as there was some more transaction between the parties.

Considering the above fact, the judgment of acquittal has been passed.

Learned counsel for the appellant has submitted that the judgment of acquittal is bad in law as because the appellate court has failed to take into consideration the materials available on record. The notice has been issued within the time frame and further the issuance of chqeue was not in question and as such the conviction of the accused under Section 138 of N.I. Act was justified.

Having heard learned counsel for the parties and from perusal of record, it appears that although the cheque has been issued by the accused but subsequently some payment has been made by him. Thus, the cheque was no more for the dues amount and it is admitted position. The court below after evaluating the evidence has found the issuance of notice doubtful. On above basis, judgment of acquittal has been passed.

In view of above discussion and considering the materials available on record, this Court finds no reason to interfere with the said order of acquittal. Accordingly the present acquittal appeal stands dismissed.

(Rajesh Kumar, J.) Shahid/