RANBIR SINGH Vs. KAMALDEEP SINGH KOONER

JUDGEMENT

(1.) The present appeal has been directed against the judgment and order dated 20.10.1994 (hereinafter as 'impugned judgment') passed by the Court of learned Judicial Magistrate 1st Class, Phillaur (hereinafter as 'trial Court'), whereby the accused- respondent has been acquitted of the charges framed against him.

(2.) The brief facts of the present case are that the complainant (herein appellant) lodged a complaint on 5.7.1993 under Section 138/139 of Instruments Act, 1881 (for short 'the Act') and Sections 406/420/120-B of IPC alleging that the accused respondent had borrowed an amount of Rs. 90,000/- from him vide cheque No 9090593 dated 11.2.1992 and another amount of Rs. 10,000/- in cash on 11.2.1992, and promised to repay the said amount to the complainant. Thereafter, the accused issued cheque dated 10.3.1993 drawn on the State Bank of Patiala, Branch Goraya. On presentation of this cheque with the banker, the same was dishonoured on 11.3.1993 with the remarks 'refer to drawer'. Consequently, the complainant issued notice dated 15.3.1993 to the accused through his counsel. The accused requested the complainant that he will arrange sufficient amount in his bank account and accordingly, accused directed the complainant to again present the said cheque for encashment. Thereafter, the complainant again presented the cheque in question, which was again dishonoured by the banker and returned to the complainant on 28.5.1993 with the remarks 'refer to drawer'. The complainant served yet another notice on 4.6.1993 upon the accused asking for the re-payment of abovesaid borrowed amount. The said notice was received by the accused on 7.6.1993 but he failed to repay the borrowed amount of Rs. 1,00,000/- to complainant within the stipulated period given in the notice.

(3.) The complainant filed criminal complainant under Section 138 of the Act against the accused in which the accused was summoned and he sat in appearance in the Court on 8.12.1993 and thereafter, charge sheet under Section 138 of the Act was served upon him. The accused pleaded not guilty and claimed trial.