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Judgment
Mool Chand Garg, J.—This appeal has been filed by the appellant aggrieved of the judgment dated 27-9-2006, passed by the Judicial Magistrate, First Class, Indore in Criminal Case No. 36382/2006, whereby the respondent who was prosecuted for an offence u/s 138 of the Negotiable Instruments Act on complaint filed by the appellant was acquitted. Briefly stating the allegations of the complainant against the respondent were as follows:--
The evidence was led by the parties before the Trial Court which was duly considered by the learned Judicial Magistrate, First Class. The Judicial Magistrate, First Class was pleased to acquit the respondent primarily for the following reasons:--
Considering the aforesaid facts and there being no evidence on behalf of the appellant that the cheque was given for consideration, the Trial Court while acquitting the respondent made the following observations:--
The Trial Court has also observed that even notice of demand was not send on the correct address. Paragraphs 25, 26 and 27 are also relevant, which are reproduced hereunder:--
Considering all these facts, it is apparent that respondent was acquitted for good reasons inasmuch as there was a dispute about consideration for which the cheque was allegedly issued, the date of the cheque, service of statutory notice on the respondent as discussed above. While dealing with the appeal against acquittal, it is settled law that if two views are possible of the evidence, which has come on record, the one view which supports the case of the accused, the benefit of the same has to be given to the accused.
Consequently, the appeal filed by the appellant is dismissed.
C.C. as per rules.