ABDUL SUBHAN Vs. ASIF NISAR

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and learned counsel for the respondent.

(2.) THE appellant was the complainant before the Trial Court, alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the NI Act", for brevity). It was his case that accused 1 and 2 had approached him and requested a loan of a sum of Rs. 3,50,000/ - in the month of March, 2007 and the complainant had lent them the money, which was to be returned within two months, in respect of which, the accused are said to have issued two cheques bearing Nos. 829455 and 829456, for a sum of Rs. 1,70,000/ - and Rs. 1,80,000/ -, dated 2.5.2007 and 7.5.2007 respectively, drawn on Canara Bank, Nazarbad Branch, Mysore. When the same were presented for encashment, they were dishonoured, identically, with an endorsement dated 9.5.2007, to the effect that there were insufficient funds. Thereafter, a notice under Section 138 of the NI Act was issued, in respect of each cheque and they were duly served on the accused. But, there was a frivolous reply denying payment and hence, a complaint and the complaint was contested and the accused stood trial and accused No. 2 was examined as PW2 and two witnesses one Fazila Banu and Razia Begum, were examined as DWs.2 and 3. On the basis of the evidence and the arguments canvassed, the following points were framed by the Trial Court for consideration: