RAJ SINGH Vs. RAM AVTAR MEHRA

JUDGEMENT

(1.) Crl.M.A. 8282/2016

(2.) Case of the petitioner in the complaint filed was that the petitioner and respondent were having friendly relations. Since the respondent was in dire need of money, in the month of July 2012 he approached the petitioner and sought a friendly loan of Rs. 2 lakhs for a period of three months. The petitioner could arrange a sum of Rs. 1,60,000/- and extended the said amount to the respondent by way of a friendly loan on 3rd July, 2012 for a period of three months. It is the case of the petitioner that on 10th October, 2012 the respondent issued three cheques in discharge of the said liability i.e. cheque Nos. 185065 and 185073 dated 10th October, 2012 and 16th October, 2012 both amounting to Rs. 40,000/- each drawn on Axis Bank Ltd. and the third cheque for a sum of Rs. 80,000/- bearing No. 243164 dated 15th October, 2012 drawn on Indian Overseas Bank. On presentation the three cheques were returned with the remarks "Funds Insufficient". The petitioner sent a legal notice of demand to the respondent, however despite having received the notice in the prescribed period for return of the money having elapsed no payment was made constraining the petitioner to file the complaint under Section 138 of the Negotiable Instruments Act.

(3.) Before the learned Trial Court, the complainant examined himself as the sole witness whereas the respondent examined himself as DW-1, Amritpal Singh, Window Operator of Central Bank of India as DW-2, his mother as DW-3 and Surender @ Sunder as DW-4.