RESERVED JUDGMENT

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

CRIMINAL APPEAL NO.426 OF 2018

Between:

Ramesh Nagarkoti S/o Shri Kishan Singh

….Appellant

and

Kedar Datt Purohit S/o Shri Gopal Datt Purohit

……Respondent

Counsel for the appellant

: Mr. Sanjay Kumar.

Counsel for the respondent

: Mr. Yogesh Kumar Pacholia.

Reserved on :19.02.2020

Delivered on :03.03.2021

Hon’ble Alok Kumar Verma, J.

This appeal, by special leave, is preferred by the

appellant-complainant against the judgment and order dated

30.11.2018, passed by the learned Chief Judicial Magistrate,

Almora in Complaint Case No.01 of 2018, ”Ramesh

Nagarkoti vs. Kedar Datt Purohit”, whereby the learned trial

court acquitted the respondent-accused from the offence

2

punishable under Section 138 of the Negotiable Instruments

Act, 1881 (for short “the Act, 1881”).

2.

As per the averments made in the complaint, the

complainant and the accused were businessmen and the

complainant had good relations with the accused, who was

the proprietor of “Purohit Agency.” The accused made a