RAMDIA Vs. KRISHAN KUMAR THAREJA AND ANR.

JUDGEMENT

(1.) VIDE this order, I intend to dispose of four appeal, bearing CRM Nos. 1171 MA of 2010, 1172 MA of 2010, 1173 MA of 2010 and 1174 MA of 2010, preferred by Ramdia against the four judgments dated 4.10.2010 passed by Sh. A.K. Shori, Additional Sessions Judge, Kaithal, vide which the accused Krishan Kumar Thareja, has been acquitted under Section 138 of the Negotiable Instruments Act (hereinafter to be referred to as 'the Act').

(2.) THE facts are being taken from CRM No. 1171 MA of 2010. Briefly stated, the facts of the case are that Ramdia - complainant/Appellant filed complaint under Section 138 of the Act against Krishan Kumar Thareja with the allegation that Krishan Kumar Thareja issued a cheque No. 669066 dated 15.1.2007 amounting to Rs.3,50,000/ -drawn upon State Bank of India, Talai Bazar, Kaithal, in the name of the complainant against the discharge of existing liability. The said cheque was presented before the banker for collection, which was received with the memo dated 18.1.2007 as dishonoured on account of insufficient funds. The complainant served a registered notice dated 9.2.2007 upon the accused as required under Section 138 of the Act. However, the accused did not pay the amount of the cheque in question. Hence the complaint.

(3.) THE accused was examined under Section 313 Code of Criminal Procedure And all the incriminating evidence was put to him, to which he denied.