SINGH FINANCE Vs. DAVINDER SINGH

JUDGEMENT

(1.) M/s Singh Finance (appellant) through its partner Pritpal Singh, had instituted a complaint in the Court of Judicial Magistrate (1st Class), Jalandhar against Davinder Singh under Section 138 of the Negotiable Instruments Act, 1881. It was stated therein, that the accused Davinder Singh on 29th May, 1999 had taken a loan of Rs. 10,000/- from the complainant. The accused, in order to discharge his liability towards the loan, had issued a cheque bearing No.924760 dated 12.04.2001 for Rs. 10,000/- drawn on Punjab and Sind Bank, New Sabzi Mandi, Jalandhar. The above said cheque was deposited by the complainant in Punjab and Sind Bank, New Grain Market, Jalandhar. The cheque was returned by the Banker on the ground that funds were insufficient. The cheque was returned vide memo dated 16th April, 2001. The complainant had sent a statutory notice before filing the complaint. Learned trial Court after completing trial and finding the complainant having failed to prove Criminal Appeal No.1336-SBA of 2006 2 any offence, as agitated in the complaint against the respondent, acquitted the accused respondent of the accusation notice.

(2.) Aggrieved against the judgment of acquittal dated 7th May, 2005, present appeal has been preferred by the complainant.

(3.) The complainant examined Jasvir Singh, an official of Punjab and Sind Bank as CW-1. This witness proved the Account Opening Form of Davinder Singh accused and a memo Ex.C-4, which was issued by the Bank. According to this memo, the cheque was dishonoured on the ground that there were insufficient funds in the account of Davinder Singh accused. Gurcharan Singh, an official of Punjab and Sind Bank, New Grain Market, Jalandhar, appeared as CW-2 and stated that the complainant had an account in the branch of their Bank. This witness further stated that on deposit of the cheque, the same was presented but was returned on the ground that the funds were insufficient. Pritpal Singh, partner of the complainant firm, tendered his evidence by way of affidavit dated 24th April, 2004. He was examined as CW-3. In cross examination, Pritpal Singh CW-3 stated that on 28th May, 1999, a loan of Rs. 10,000/- was advanced in cash for a period of 1 1/2 year and the period of loan had elapsed on or before November, 2000. This witness further admitted that in the complaint as well as in the legal notice Ex.C-6, there is no mention of written agreement, loan on interest or money lender licence. It was further stated that the accused was not known to this witness prior to giving of the loan amount. This witness further admitted that he had issued certain receipts to the accused regarding re-payment of the loan. The complainant was shown the receipts in the Court. The receipts so issued by the complainant were exhibited as Ex.D1 to D5. Receipt Ex.D6 was issued by the grandmother of the complainant. This Criminal Appeal No.1336-SBA of 2006 3 witness further admitted that the accused had issued a blank cheque. He further admitted that before presentation of the cheque, no written consent was obtained from the accused Davinder Singh. Thereafter, complainant closed its evidence and statement of the accused Davinder Singh was recorded under Section 313 Cr.P.C. The accused Davinder Singh gave his version as under :