PARMESH KUMAR GARG Vs. ANIL KUMAR SAKUJA

JUDGEMENT

(1.) This is an appeal directed by complainant against the judgment dated 12.5.2008 passed by Shri Vijay Singh, Additional Chief Judicial Magistrate, Yamuna Nagar at Jagadhri vide which the complaint filed by him against Anil Kumar Sakuja under Sections 138 and 142 of the Negotiable Instruments Act ( in short - the N.I.Act ) was dismissed.

(2.) Parmesh Kumar Garg complainant now applicant filed complaint under Section 138 and 142 of the N.I. Act read with Section 420 of the Indian Penal Code against the accused on the allegations that accused owed Rs. 1,00,000/- to him and in order to discharge his liability, respondent has issued a post dated cheque bearing No.008311 dated 26.6.2004 drawn on Central Bank of India, Jagdhari. The said cheque was presented for encashment through his banker Bank of Baroda, Jagadhri but the same was dishonoured on account of "account closed" and the bank returned to him the cheque vide memo dated 29.6.2004. Therefore, he served a registered AD notice on the respondent through his power of attorney Shri G.D.Gupta on 13.7.2004 but posted on 15.7.2004, which was received by the accused but he did not make the payment, hence the complaint.

(3.) The complainant in preliminary evidence himself appeared as CW-1 and tendered his affidavit Ex.CW1/A. Thereafter, the complainant closed his preliminary evidence.