JAGDEEP SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) Special leave to appeal has been sought against the judgment of acquittal passed by the learned Sub-Divisional Judicial Magistrate, Ratia, District Fatehabad, while dismissing the complaint bearing No. 285-RBT of 2017 under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) Proceedings were initiated on account of dishonour of cheque, bearing No. 449942 dtd. 27/1/2015, amounting to Rs.9,00,000.00, drawn on the Punjab National Bank, Fatehabad. Learned counsel for the applicant has argued that respondent- Jarnail Singh is the relative of the applicant and a sum of Rs.9,00,000.00 was given to him with assurance that the same will be repaid and thus cheque in question was issued by the respondent. Even after issuance of legal notice, the payment was not made by the respondent-accused.

(3.) It is further argued that the trial Court has put a specific question to the respondent-accused as to how the cheque came in possession of the complainant, but no specific reply to this effect was given. Once the execution of cheque in question is admitted, then as per the presumption under Sec. 118(a) and 139 of the Negotiable Instruments Act, it is to be held that the cheque was given for consideration. Moreover, the 'J' form issued in the name of father of the applicant has not been taken into consideration. As a matter of fact, the respondent is the son of maternal uncle of the applicant.