HARJEET SINGH Vs. GURMEET SINGH & ANR

JUDGEMENT

(1.) The petitioner was tried as an accused in complaint case (CC No.146/2004) instituted by the respondent on charge for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 on the facts that he had not made any payment pursuant to the notice of demand issued and served in the wake of dishonor of a post-dated cheque bearing No.609496 dated 15.11.2003 of Rs. 5,00,000/-, drawn on Central Bank of India, Shahdara, Delhi.

(2.) The trial court judgment dated 11.07.2012 would show that the petitioner had, inter alia, taken the plea that there was no liability or debt due. He had examined one Ranjeet Singh (DW-1) in defence with reference to a receipt Ex.CW1/DA, dated 30.08.2000 indicating the sale of the bus against consideration of Rs. 1,50,000/- and he having received the entire consideration there against. The said witness (DW1), the petitioner (the convict) and the respondent (the complainant) are real brothers.

(3.) The complaint, the facts whereof have been noted in the judgment dated 11.07.2012, also confirmed that the cheque was issued in the context of the sale of the bus bearing No.DL-1PA-4031 by the complainant in favour of the convict. The said judgment of conviction returned by the trial court is presently under challenge before the first appellate court by Criminal Appeal No.04/2012.