PARDEEP KUMAR Vs. MANBIR SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the complainant aggrieved by decision of the trial Court acquitting the Respondent No. 1 of charge under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act").

(2.) Brief factual background of the case is that a cheque dated 30th December, 1996 for Rs. 50,000/- was issued by the Respondent No. 1 to be credited in the account of the Petitioner. The cheque was drawn on Oriental Bank of Commerce, Gurdaspur. The cheque in question was presented by the complainant to his Banker i.e. Punjab National Bank, Aulakh on 5th May, 1997. On the same day i.e. 5th May, 1997, the cheque was dishonoured by the Oriental Bank of Commerce, Gurdaspur due to insufficient funds in the account of the accused, (Respondent No. 1) and memo to this effect was also served by the Bank to the Appellant along with the cheque. Notice Ex. CW 4 was served upon the Respondent by registered post through his Counsel by the Appellant on 20th May, 1997 and he retained copy of notice and postal receipt with him. However, the accused failed to make payment of the amount. Resultantly, the present complaint was preferred by the Petitioner before the Court of Chief Judicial Magistrate, Gurdaspur.

(3.) In his preliminary evidence, the complainant appeared himself as P W 1 and examined Puran Chand, a clerk in Oriental Bank of Commerce as PW 2. On the basis of preliminary evidence, the accused was summoned to face trial under Section 138 of the Act vide order dated 25th September, 1997.