Sandeep Kumar vs Gopalkrishna Heda
2023 Latest Caselaw 5508 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 9176 of 2022
                                           (SANDEEP KUMAR Vs GOPALKRISHNA HEDA AND OTHERS)

                           Dated : 03-04-2023
                                 Shri Avinash Kumar Khare, learned counsel for the appellant.

                                 The record of the Court below has been received.
                                 Heard on admission.
                                 The respondent No.1 / accused has been acquitted vide judgement dated

30.07.2022 passed by Judicial Magistrate First Class, Tehsil Mahidpur, District

Ujjain (MP) in SCNIA No.1628/2015 for offence under Section 138 of the Negotiable Instruments Act, 1881.

From perusal of the impugned judgment, it appears that the trial Court in paragraphs 14 to 18, has held that it has not been proved that the cheque in question was returned and signed by the accused Gopal Krishna Heda, but Defence Witness No.1 Kishor Kumar, who is Branch Manager of UCO Bank, Branch Jagoti, Tehsil Mahidpur, District Ujjain (MP) has categorically stated that the concerned cheque book was issued in the name of Gopal Krishna Heda S/o Mishrilal. No handwriting expert has been examined before the trial Court

to establish, that the aforesaid cheque was not signed by the accused Gopal Krishna.

Apart from the above, the respondent / accused himself admits during the mediation, that he has issued the cheque; and he is ready to pay the cheque amount of Rs.1, 25,000/- within a period of three months. He again admits the same on 13.03.2020.

The statement of the complainant / petitioner is also supported by the documentary evidence.

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 03-04-2023 18:24:14

In view of the above, this appeal appears to be arguable; hence, admitted for final hearing.

Let notice be issued to respondent No.1 only on payment of Process Fee (PF) within a period of seven working days. Notice be made returnable within a further period of six weeks.

(ANIL VERMA) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 03-04-2023 18:24:14