Hon'ble Shri Deepak Kumar Tiwari, J Judgment on Board

29/08/2025

1. The present Acquittal Appeal has been preferred against the judgment dated 4^th September, 2019 passed by the Additional Sessions Judge, Kabirdham in CRA No.101/2018 whereby the Additional Sessions Judge while allowing the Appeal, set aside the judgment of conviction and order of sentence passed by the Judicial Magistrate 1^st Class, Kawardha, in Criminal Case No.324/2018, whereby the respondent/accused has Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date:

2025.08.29 +0530 been convicted under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo RI for 6 months & to pay a fine of Rs.5,000/-, in default of payment of fine to further undergo RI for 3 months.

2. Facts of the case are that the appellant/complainant has filed a complaint case on 26^th March, 2018 stating that he is the permanent dealer of the Sonalika Tractors. On 16.1.2017, the respondent/accused has purchased a Rota Vetar on credit vide bill Ex.-P/7 and promised to pay the cost of the said item/goods within a period of 3 months. On repeated demands, the respondent/accused has given the cheque dated 30.10.2017 (Ex.-P/1