MANOJ KARWASARA Vs. PARHLAD SONI

JUDGEMENT

(1.) Applicant - Manoj Karwasara has filed this application under Section 378(4) Cr.P.C. seeking special leave to appeal.

(2.) Briefly stated, facts of the case are that complainant Manoj Karwasara had brought a complaint under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) against accused Parhlad Soni on the allegations that the accused was on visiting terms with him and since he was in dire need of money, as such at his request, the complainant advanced him a sum of Rs.5,40,000/- and an agreement was entered into in that regard. To discharge the existing outstanding legally enforceable liability, the accused had issued a cheque bearing No.10855 dated 20.10.2009 in the sum of Rs.5 lakhs as part payment drawn on Bank of Punjab Limited, Hisar, which has since been merged with HDFC Bank, in favour of the complainant. The complainant presented the cheque to his banker Punjab and Sind Bank near Gurdwara Road, Hisar for encashment but it was dishonoured by the drawer's bank for the reason of insufficiency of funds in the account of accused. The complainant was informed accordingly. Then the complainant had served a legal notice dated 17.11.2009 upon the accused, calling upon him to make payment of cheque amount within 15 days of receipt of notice but to no effect, as such the complainant filed complaint in question against the accused.

(3.) After recording of preliminary evidence, accused was summoned. Notice of accusation under Section 138 of the Act was served upon him, to which, he pleaded not guilty and claimed trial.