NIRAJ Vs. RAMESH PRATAP SINGH ALIAS RAJU SINGH

JUDGEMENT

(1.) Crl.M.A. 12668/2012 (exemption) in Crl.L.P.354/2012 Allowed, subject to just exceptions. Accordingly, the application stands disposed of. Crl.L.P.354/2012

(2.) The relevant facts of the present appeal are that the respondent on 30 th June, 2006 took a friendly loan of Rs. 2,60,000/- from the appellant with a promise to repay the same within two months. Respondent issued a cheque towards discharge of the said loan which was dishonoured on the ground of 'insufficient funds' on 30 th August, 2006. Hence the present complaint was filed.

(3.) The respondent's contention before the trial court was that he was informed about the dishonour of cheque on 30 th August, 2006. Immediately thereafter he made part payments to the complainant, i.e., Rs. 75,000/- on 04 th September, 2006 and Rs. 1,00,000/- on 11 th September, 2006 towards the said amount of Rs. 2,60,000/-. Both these payments were deposited in the complainant's account by way of cheques. The rest of the payment was to be made on return of the dishonoured cheque, but the respondent alleged that instead the appellant issued the notice dated 12 th September, 2012 under Section 138 of the Act.