PUSHPA DEVI Vs. SUSHILA

JUDGEMENT

(1.) Crl. M.A. No. 9044/2018 (Exemption)

(2.) Succinctly stated, the case of the petitioner is that the respondent availed loan of Rs. 4,50,000/- from the petitioner on two occasions, that is, Rs. 50,000/- on 15th December, 2004 and Rs. 4,00,000/- on 5th January, 2005 which was to be repaid after three-four months. The respondent issued two cheques bearing Nos. 643019 for Rs. 50,000/- dated 15th December, 2004 and 643015 for Rs. 4,00,000/- dated 5th January, 2005, both drawn on Punjab and Sind Bank, Peeragarhi Branch. On presentation both the cheques were dishonoured on 10th May, 2005 with remarks 'Account Closed'. Petitioner issued legal notice dated 6th June, 2005 through registered post, demanding the payment of cheque amount within the stipulated period. Despite service, the respondent did not pay the amount. Hence, the petitioner preferred the present complaint under Section 138 NI Act.

(3.) Upon summoning respondent appeared and notice was framed under Section 138 NI Act to which she pleaded not guilty and claimed trial. Petitioner examined herself as CW-1 and proved original cheques vide Ex.CW-1/1 and CW-1/2, return memos vide Ex.CW-1/3 and Ex.CW-1/4, legal notice vide Ex.CW-1/5, postal receipt vide EX.CW-1/6 and Ex.CW1/7, UPC vide EX.CW-1/8 and registered envelope received back vide Ex.CW-1/9. Statement of the respondent was recorded under Section 313 Cr.P.C. on 2nd July, 2014. No defence witness was examined.