JAMMU & KASHMIR BANK Vs. ABHISHEK MITTAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16th August, 2010 passed by the Trial Court whereby respondent has been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as the Act).

(2.) IT is the case of the appellant that M/s Akansha Machine Tools, a sole proprietorship firm of respondents father, was enjoying temporary overdraft facility from the appellant. Shri Jitender Sharma was the then Branch Manager of the appellant. Respondent, in discharge of liability of M/s Akansha Machine Tools, issued three cheques bearing numbers 224600 dated 06.03.2006 for Rs.2,25,000.00, 224598 dated 10.03.2006 for Rs.1,00,000.00 and 224599 dated 06.03.2006 for Rs.1,00,000.00 all drawn on Bank of Punjab Ltd. Noida, U.P., in favour of appellant. On presentation, cheques were returned dishonored for the reason insufficient funds. The amount involved in the cheques was not paid by the respondent within the statutory period despite service of demand notice. Thus, respondent had committed offence under Section 138 of the Act.

(3.) AFTER appellant concluded its evidence, statement of respondent under Section 313 Cr.P.C. was recorded by the Trial Court on 31st July, 2010. So far as issuance of cheques in question are concerned, respondent stated that he was having personal relations with Shri Jitender Sharma and, therefore, had given the cheques in question to him in good faith. He admitted his signatures on these cheques. However, he took a plea that particulars in the said cheques were not filled up by him. He also admitted that the cheques had been returned dishonored due to the reason insufficient funds. In answer to a question that whether he wanted to lead any evidence in his defence, he replied in negative.