RAJESH DAS Vs. SALIKRAM

JUDGEMENT

(1.) Since common question of law is involved in both of these cases, they are heard together and are being disposed of by this common order.

(2.) The petitioner/complainant filed a complaint against the respondent/accused under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter, "the NI Act") stating inter alia that in discharge of his liability towards the petitioner/complainant, on 04/11/2008, the respondent/accused issued a cheque bearing No. 728602 of the Durg Rajnandgaon Gramin Bank Branch Kawardha for Rs. 1,50,000/-. The petitioner/complainant presented the said cheque to his Bank on the next day i.e. 05/11/2008 and it was dishonoured and was returned to him on the same day. Thereafter, the petitioner/complainant issued a notice to the respondent/accused on 10/11/2008 by registered post which was served to him on 21/11/2008. The respondent/accused still did not pay the amount in dispute which led to the filing of the complaint by the petitioner/complainant before the jurisdictional criminal Court.

(3.) The respondent/accused abjured his guilt and entered into defence and examined himself as defence witness stating inter alia that he had signed a blank cheque with relation to an earlier transaction regarding the repair work of his tractor and it has been misused by the petitioner/complainant and even the particulars of the cheque were not filled by him.