RAKESH KUMAR Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Vide judgment dated 12.04.2005 the accused/petitioner (herein referred as the petitioner) was slapped with one year and six months' of imprisonment and a fine of Rs. 5000/- for allowing the cheque worth Rs.65,400/- to be dishonoured. His appeal was also dismissed on 25.01.2006, thus both are now under challenge.

(2.) The petitioner in order to discharge the legally enforceable liability had issued a cheque for a sum of Rs.65,400/- in favour of the complainant with the assurance that the same would be encashed and honoured. On tendering of the said cheque it was returned with the remarks 'Funds Insufficient''. As such the respondent had to issue a notice Ex.C.1 dated 18.05.2004 but to no response; hence the complaint was filed by him against the petitioner on 15.06.2004.

(3.) After recording preliminary evidence, the petitioner was summoned and he faced trial. During trial the complainant examined three witnesses.