SEEMA SAINI Vs. VIJAY BHALLA

JUDGEMENT

(1.) The aforementioned four petitions are being disposed of by one common order as the parties and issue involved is same.

(2.) For convenience, the facts are being taken from CRM M 7269 of 2011.

(3.) The complainant/Respondent has filed the complaint, alleging therein, that the Petitioner being members of Society namely, The Hisar Santoshi Cooperative Non Agricultural Thrift and Credit Society Ltd, allured the complainant to open saving account and deposit money having excess rate of interest. Accordingly, the complainant opened two accounts bearing Sr. No. 1418 and 1404 and has been maintaining both accounts and making deposits. It is also alleged that meanwhile good relations developed, between the accused and complainant and accused gained his blind faith. On account of those relations, the accused in the month of May 2010 approached him and put forth their requirement of money for their business purpose and demanded a sum of Rs. 9,00,000/- and he disbursed the said amount to them in cash. Complainant further stated that in the month of July, 2010, being in need of money for his personal affairs, the complainant demanded approximately Rs. 16-17 lacs i.e. Rs. 9 lacs advanced by him as friendly loan and Rs. 7 lacs deposits lying in his accounts maintained by the society. Accordingly, the accused in discharge of their pre existing legally enforceable liability issued the cheque No. 079787 dated 28.07.2010 for Rs. 4,50,000/- and assured him to make payment of remaining amount later on within 2-3 days and further, issued cheque No. 79788 dated 30.07.2010 for Rs. 4,50,000/-. After taking over the cheques, complainant further demanded the amount of Rs. 7 lacs out of his deposits in the accounts maintained by the Society, the accused on 31.07.2010 and 03.08.2010, issued two cheques for a sum of Rs. 4,50,000/- and 2,50,000/- Complainant presented the same for encashment and it was returned unpaid by the Bankers of the Petitioners with endorsement 'funds insufficient' vide memo dated 13.11.2010. After receiving the memo, the complainant got served a legal notice for the payment of amount under cheque. No payment was made in spite of the legal notice. Accordingly, the Respondent/complainant instituted a complaint under Section 138 of the Negotiable Instruments Act. Thereafter, the Respondent/complainant led preliminary evidence and placed on record cheque No. 079788 dated 30.07.2010, memo dated 11.08.2010 and 13.11.2010 and legal notice dated 04.12.2010. Thereafter, vide order dated 12.01.2011, the JMIC, Sirsa, summoned the Petitioners.