KARAMVIR GIRI Vs. ASHOK KUMAR SINGHAL

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the impugned judgment and order. Leave to appeal is granted. The appeal is admitted.

(2.) HEARD on the merits of the appeal. Also perused the materials available on record.

(3.) THE factual controversy involved in this appeal is that Respondent Ashok Kumar Singhal borrowed Rs. 20,000/ - in cash from the Appellant Karamvir Giri (complainant) on 7.10.1994 in the presence of a witness Pramod, who has also been examined by the trial court. In lieu of the said money, Ashok Kumar Singhal gave a post -dated cheque of equal amount to the Appellant. The said cheque dated 15.12.1994 was drawn on State Bank of Patiala, Civil Lines, Roorkee. The said cheque, when present before the bank by the complainant Karamvir Giri, was dishonoured on account of "insufficient fund" in the account of Mr. Ashok Kumar Singhal. The bank accordingly returned the said cheque unpaid to the complainant with the endorsement "insufficient fund". Thereafter on 28.12.1994, the complainant sent a notice to the accused asking him to pay his money. That notice was duly received by the accused on 31.12.1994. But the accused did not make any payment within 15 days or even thereafter. Thereafter the instant complaint was filed on 30.1.1995 i.e. well within the period of limitation.