UMAVATI DEVI Vs. SHIVJI THAKUR

JUDGEMENT

(1.) Present appeal is filed against the judgment and order dtd. 14/8/2004 passed by Special Judicial Magistrate, Rishikesh, in Complaint C G No. 2720 of 2013 whereby learned Magistrate was pleased to dismiss the complaint case under Sec. 138 of the Negotiable Instruments Act filed by the appellant against the respondent.

(2.) Brief facts of the present case are that appellant gave Rs.1,90,000.00 to the respondent. After one month, for repayment respondent gave her a cheque dtd. 18/3/2013. Appellant presented the cheque and the same was dishonoured due to mismatch of signature. Appellant issued notice to the respondent. When respondent failed to make payment, appellant filed a complaint under Sec. 138 of the N.I. Act. The complaint was dismissed. Feeling aggrieved, appellant has approached this Court.

(3.) Case of the respondent is that he took loan of Rs.35,000.00 from the petitioner. Out of Rs.35,000.00, he repaid Rs.22,000.00 and only Rs.13,000.00 are left to be paid. A blank cheque was issued as a security of Rs.35000.00. He admitted his signature on the cheque.