ASHOK KUMAR Vs. GULSHAN KUMAR

JUDGEMENT

(1.) RAJIV SHAKDHER, J 1. Leave granted.

(2.) THIS appeal is directed against the judgment of the learned Metropolitan Magistrate (in short "Magistrate ")dated 20.10.2005 whereby the respondent/accused has been acquitted.

(3.) THE appellant/complainant is a proprietor of a concern by the name of M/s Gaba Trading Company. The appellant/ complainant is in the business of "cloth ". In the course of his business, the appellant/complainant sold a certain quantity of cloth to the respondent/accused vide bill no. 7 dated 09.05.2001. The said bill was for a sum of Rs 65,000/. In satisfaction of the said debt, i.e., the afore-mentioned bill, the respondent/accused issued two cheques bearing no. 658024, dated 12.05.2001, drawn on UCO Bank, Dr Mukherjee Nagar, Delhi, in the sum of Rs. 15,000/-, and cheque bearing No. 599135, dated 15.10.2001, also drawn on UCO Bank, Dr. Mukherjee Nagar, Delhi, in the sum of Rs 50,000/-. The said cheques were deposited by the appellant/complainant with his banker on 15.10.2001. However, to his surprise, both the cheques were dishonoured, and consequently, returned by his banker, along with a cheque return memo. This propelled the appellant/complainant to trigger the proceedings under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I. Act "). Consequently, a statutory notice demanding from the respondent/accused, the payment in respect of the afore-mentioned cheques was issued on 22.10.2001, by the appellant/complainant. The acknowledgment card was received by the appellant/ complainant, on 27.10.2001.