Sikkim Court February 2012 Judgments

Dr. Deoki Nandan Joshi Vs. Pramod Kumar Joshi

Court: Sikkim

Kohli, C.J. 1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 13.05.2011 passed by the learned Sessions Judge, East and North Sikkim at Gan-gtok, whereby the judgment dated 23.12.2010 of the learned Chief Judicial Magistrate. East and North Sikkim at Gangtok regarding the conviction and sentence against the respondent has been set aside and the respondent acquitted of the charge. 2. Briefly stated the facts leading to filing of present appeal are noticed hereinafter:- 3. The present appellant filed a Private Complaint Case No.2 of 2004 under Section 138 of the Negotiable Instruments Act, 1881 on 15.2.2003 against the respondent before the Court of Chief Judicial Magistrate, East and North Sikkim at Gangtok on the plea that the respondent issued a cheque bearing No. 0088891 dated 07.11.2002 drawn on the State Bank of India. Gangtok branch, Sikkim for a sum of Rs. 15,50,000 (Rupees Fifteen lacs fifty thousand) in fav...