RAM AVTAR GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The revisionist was tried by C.J.M. Rampur in Crl. Appeal No. 5 of 2006, Ram Avtar v. Preetam Singh and Anr., under section 138 of the Negotiable Instruments Act, 1981, P.S. Civil Lines, District Rampur.

(2.) The complaint-allegations against the revisionist as were levelled by Preetam Singh Badhwa was that the revisionist had taken a loan of a total amount of Rs. 2,80,000/- from the complainant on various dates 22.11.1999, 26.11.1999 and 30.11.2000. On the demand being made for return of the said loan amount, the accused issued an account payee Cheque No. 090667 dated 5.2.2002 of Punjab and Sindh Bank, Bheet, Rampur on 1.3.2002 at 9.00 a.m. at the house of the complainant of an amount of Rs. 1,80,000/- which was deposited on the same day by the complainant in his account in the same Bank for encashment. However, the said cheque was dishonoured by the bank on 5.3.2002 because it exceed arrangement. Since the cheque amount remained unpaid, a notice as is contemplated under section 138 of the N.I. Act was sent by the complainant to the revisionist on 15.3.2002. The complainant also sent another notice on 18.3.2002 to the revisionist through post asking for payment of cheque amount. In spite of receipt of said notices the revisionist accused did not pay the money demanded and consequently the complainant lodged a complaint in Court on 30.4.2002 under section 138 of N.I. Act.

(3.) In support of his complaint, the complainant Preetam Singh Badhwa examined himself as P.W. 1, Paramjeet Singh, Manager, Punjab and Sindh Bank, Bheet, District Rampur as P. W. 2 to establish his case.