RAJ KUMAR Vs. STATE OF UTTARANCHAL & ANOTHER

JUDGEMENT

(1.) HEARD Mr. J.S. Virk, Advocate for the revisionist and Mr. P.S. Bohara, Brief Holder for the State/respondent no.1. However, none has turned up on behalf of respondent no.2/ complainant.

(2.) THIS matter is too old. The revision was filed way back in the year 2005 and at the time of filing of revision, the accused was granted interim bail by this Court.

(3.) LEARNED Magistrate tried the accused Raj Kumar for the offence of Section 138 of the Negotiable Instruments Act, 1881 (hereinafter will be called as the Act) which was based on account of dishonour of the cheque to the tune of Rs.70,000/, issued by accused to the complainant on 17.2.2003. The accused was a drawer of the cheque from Allahabad Bank, Branch Pirumdara, Nainital. When the cheque was presented by the complainant for encashment, the same was returned by the Bank with the endorsement of 'insufficient funds' in the account of the drawer of the cheque.