Order on Board

04/02/2025

1. The appellant/complainant has filed this appeal being aggrieved by acquittal of the impugned order dated 9-12-2021 passed by the Judicial Magistrate First Class, Raigarh (CG) in Complaint Case No. 173 of 2019 whereby the complaint filed by the appellant - complainant has been rejected mainly on the count that the appellant has not arrayed the Milk Production Sahkari Samiti Maryadit as party to the case.

2. The brief facts of the case are that the appellant/complainant has filed a complaint case before the learned Judicial Magistrate First Class, Raigarh under Section 138 of the Negotiable Instruments Act alleging that the respondent/accused is Secretary of the Milk Production Sahkari Samiti Maryadit Putkapuri Block Pussore and the appellant is proprietor and running business of Bhawani Milk Diary at village Kurmapali and during the period from 1^st September to 30^th September, the respondent/accused had purchased 1900 liters milk from the appellant and account of that the respondent/accused having bank account No. 36840657065 had issued cheque No.241635 dated 26-12-2018 of Rs.50,460/- of State bank of India in the name of the appellant.

3. The appellant presented the said cheque in the State Bank of India, Branch Kotraroad, Raigarh for payment and the said cheque was returned back with an endorsement that the said cheque was dishonoured due to insufÏcient funds in the account of respondent/accused. Thereafter, on 21-1-2019 the appellant sent a registered notice through his counsel which was received by the respondent on 4-2-2019, but the respondent deliberately has not returned the amount, therefore, the appellant filed a complaint case against the respondent under Section 200 of the Code of Criminal Procedure read with Section 138 of the Negotiable Instruments Act before the learned Judicial Magistrate First which is registered as Criminal Case No. 173 of 2019 and prayed for grant of said amount of cheque along with two times compensation and also prayed for imposition of punishment against the respondent.

4. Learned trial Court taking cognizance of issue has summoned notice to the respondent/accused. Complainant has examined in examination of chief by way of an afÏdavit as provided under Section 145 of the Negotiable Instruments Act and exhibited the cheque (Ex,.P/1), Bank forwarded memo (Ex,.P/2), postal receipt along with notice (Ex.P/3). The witness was cross examined wherein it has been specifically stated that he is supplying the mil on behalf of Bhavani milk diary, Kurmapali, Kotraroad, Police Station Raigarh and also stated that he never supplied the milk on his behalf. He has further stated that he is owner of Bhavani milk diary, Kurmapli, Kotraroad. He has also admitted that the milk was supplied to Milk Diary Sahkari Samiti, Putkapuri, Tahsil Raigarh. He voluntarily stated that the respondent came to Milk diary and he is the Secretary of the Milk production Co-operative Society. He ha also admitted that he has not filed any documents with regard to authorization to file a complaint. He has also admitted that he has not filed any document to demonstrate that he supplied the milk from January 2018 till December to the Milk Diary Sahakari Samiti. He has also admitted that cheque (Ex.P/1) bearing signature of Secretary and Vice President of Milk Diary Cooperative Society is available. Respondent/accused has not examined any witness but he has examined under Section 313 of Cr.P.C.

5. Learned trial Court on the basis of evidence and material placed on record has dismissed the complaint by recording its finding that the appellant is unable to discharge his liability and has also not complied the provisions of Section 139 of the NI Act and acquitted the respondent. Being aggrieved by the said order, the appellant/complainant has filed the instant acquittal appeal.

6. Learned counsel for the appellant/complainant reiterating the submission before the learned trial Court would submit that the finding r