HARDEV SINGH Vs. KAKA RAM

JUDGEMENT

(1.) The present appeal has been filed against the judgment dated 27.04.2009 passed by the learned Judicial Magistrate 1st Chandigarh, in a complaint filed by the appellant-complainant under Sections 138, 151 and 142 of the Negotiable Instruments Act, 1881 (for brevity, 'N.I. Act'), whereby the complaint had been dismissed and the respondent-accused had been acquitted of the charges levelled against him.

(2.) The facts, in brief, giving rise to the present appeal are to the effect that the appellant-complainant had filed a complaint under Sections 138, 151 and 142 of the N.I.Act against the respondent-accused with the averments that the accused being his friend, had demanded a loan of Rs.90,000/- from him and he had agreed to pay the same, subject to the condition that the accused would repay the said loan amount. The accused, in order to discharge his liability, had issued post dated cheque bearing No.524273 dated 29.07.2004 for Rs.90,000/- drawn on State Bank of India, Panjab University, Sector-14, Chandigarh, in favour of the complainant.

(3.) However, when the said cheque had been presented for encashment, the same had got dishonoured with the remarks 'insufficient funds'. Thereafter, a legal notice had been issued to the respondent to make the payment, but to no avail.