Keshav Chouhan vs Kiran Singh - 2014 Supreme(MP) 1615

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(MP) 1615

J.K.JAIN
Keshav Chouhan – Appellant
Versus
Kiran Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : N.J. Dave
For the Respondent: D.K. Goyal

ORDER :

J.K. Jain, J.

This is an application under Section 378(4), Cr.P.C. for leave to appeal against the judgment dated 19-12-2012 passed by XIII ASJ, Indore in Cr. Appeal No. 139/2012 whereby learned ASJ has acquitted the non-applicant from the charges under Section 138 of the Negotiable Instruments Act (hereinafter referred as "the Act" for brevity) and set aside the conviction and sentence passed by the learned JMFC, Indore in Cr. Case No. 1352/06 on 23-1-2012. Facts in brief are that applicant has filed a complaint under Section 138 of Negotiable Instruments act alleging that on 27-4-2006, non-applicant gave a cheque of Rs. 50,000/- to applicant which was bounced by the bank for want of sufficient funds. Thereafter, on 5-5-2006, applicant sent a notice to the non-applicant but the applicant did not receive any acknowledgment to the notice. Subsequently, Customer Care Centre of Postal Department vide letter dated 10-7-2006 informed the complainant that the registered notice has been delivered on 6-5-2006 to non-applicant. Meanwhile on 29-6-2006 a complaint under Section 138 of the Act was filed against the non-applicant before the Court of JMFC, Indore. Learned JMFC took cogniza