BHOOR SINGH Vs. SHINDER SINGH

JUDGEMENT

(1.) Briefly stated, the facts of the case are that complainant Shinder Singh had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) against accused Bhoor Singh alias Balvir Singh on the allegations that to discharge his financial liability, the accused had issued a cheque bearing No.QGT- 486601 dated 7.11.2000 in the sum of Rs.1,40,000/- from his account bearing No.1191/II drawn on Kapurthala Ferozepur Kashetrya Gramin Bank, Branch Kuharianwali in favour of the complainant giving assurance at that time that on presentation, the cheque would be encashed. The complainant accordingly presented the cheque with his banker for encashment on 2.2.2001 but it was returned uncashed on account of insufficient funds in the account of the accused. The complainant was informed accordingly. Thereafter, the complainant sent notice through his counsel to the accused on 3.2.2001 calling upon him to make the payment of the cheque amount within 15 days of receipt of notice but accused refused to accept the notice. As such, the complainant has filed a complaint in question.

(2.) After recording preliminary evidence, the accused was summoned. Accused put in appearance and was admitted to bail. Notice of accusation under Section 138 of the Act was served upon him, to which, he pleaded not guilty and claimed trial.

(3.) During the course of his evidence, the complainant got his statement recorded as PW1 and repeated on oath his case as given in the complaint. He proved on record cheque Ex.P1, carbon copy of notice Ex.P2, postal receipt Ex.P3, undelivered returned notice Ex.P4, acknowledgement Ex.P5. He further examined PW2 Banwari Lal, Clerk - cum - Cashier, who proved on record memo Ex.P6, account opening form Ex.CW2/1, attested copy of account opening form of Bhoor Singh Ex.CW2/2, attested copy of security form Ex.CW2/3 and statement of account of Bhoor Singh Ex.CW2/4. Thereafter, the evidence of the complainant was closed.