MANOHAR LAL Vs. JAGJIT SINGH (NAYA)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.8.2008 passed by Judicial Magistrate First Class, Ambala City vide which he had dismissed complaint under Section 138 of the Negotiable Instruments Act filed by complainant Manohar Lal against accused Jagjit Singh.

(2.) Briefly stated the facts of the case are that complainant Manohar Lal had brought the complaint in question against accused Jagjit Singh on the allegations that on 9.10.2003 at instance of accused, who was acquainted with him earlier, he had advanced a loan of Rs.40,000/- to him. At that time the accused had promised to return the loan amount within a period of two months and in pursuance to fulfil his promise and to discharge his part of liability in the month of December 2003 he had issued a cheque bearing No. 571361 dated 22.12.2003 drawn on Oriental Bank of Commerce in the sum of Rs.30,000/-promising that on presentation the cheque would be encashed and that he would pay the remaining amount of Rs. 10,000/- within one month. However, when the complainant presented the cheque for encashment to his banker on 2.1.2004 the said cheque was dishonoured due to insufficiency of the amount. The banker accordingly informed the complainant. The complainant approached the accused. The accused requested that the cheque in question be presented again in the month of March 2004 promising that the cheque would be encashed at that time. The complainant did so, however, the old cheque was represented and the cheque was dishonoured on account of insufficient funds in the account of accused. The complainant was informed by the banker vide memo dated 10.3.2004. Thereafter the complainant served requisite notice upon the accused calling him to pay the cheque amount within 15 days of receipt of notice dated 12.3.2004 but in spite of above said notice the accused failed to do so. Thereafter the complainant brought the complaint before JMIC, Ambala City.

(3.) After recording preliminary evidence accused was summoned. He put in appearance. Notice of acquisition of funds under Section 138 of Negotiable Instruments Act was served upon him to which he pleaded not guilty and claimed trial. The complainant led evidence.