Smt. Sunita vs Mahesh
2023 Latest Caselaw 21570 MP

Madhya Pradesh High Court

Smt. Sunita vs Mahesh on 15 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 8845 of 2023
                                                         (SMT. SUNITA Vs MAHESH)

                           Dated : 15-12-2023
                                 Shri Avinash Yadav - Advocate for the appellant.

                                 Shri Siddharth Dharmadhikari - Advocate for the respondent.

Heard on I.A.No.10322 of 2023, which is an application under Section 378(4) of Cr.P.C. for grant of leave to appeal.

Appellant has filed this application for grant of leave to appeal being

aggrieved by the impugned judgment of acquittal dated 25.04.2023 passed by the JMFC, Barwani (M.P.) in S.T. No.100/2021, whereby the respondent/accused Mahesh has been acquitted from the charges under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act').

The facts of the case in brief are that the appellant has filed a complaint under Section 138 of NI Act before the trial Court by stating that respondent was in need of Rs.5,00,000/- to build his home and as per his demand appellant has given an amount of Rs.5,00,000/- to the respondent and in discharge of the aforesaid legal liabilities respondent has received a cheque bearing No.949471

dated 06.07.2021 for Rs.5,00,000/-. When the said cheque was presented before the Bank, it was dishonoured, then appellant has preferred a complaint after issuance of legal notice. The trial Court after completion of the trial and after scrutinizing the evidence available on record acquitted the respondent / accused from all the charges, being aggrieved by the same, this application for grant of leave to appeal has been filed.

From perusal of the statement of complainant / appellant Sunita (AW-1), it reveals that she categorically stated in her deposition that respondent has

received an amount of Rs.5,00,000/- from her. Cheque was written by the respondent himself and he assured the appellant to return the said amount after one year, but same was not returned by him. Legal liability have been proved by the appellant. Respondent / accused also admits in his cross-examination that he has given reply to the legal notice to the appellant and cheque was signed by him. He did not make any report to the Police Station regarding the missing of cheque. Counsel for the respondent has placed reliance upon the judgment of Hon'ble the Apex Court in the case of State of U.P. Vs. Gobardhan and Ors. vide order dated 01.07.2013 passed in CRA No.824/2007.

In view of the evidence available on record, this Court is of the

considered opinion that there is sufficient evidence regarding the aforesaid offence, which was not considered by the trial Court.

In view of the above, I.A. No.10322 of 2023 is allowed. Accordingly, leave to appeal is granted.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Anushree