MUNI LAL (KANOONGO) Vs. MANISHA CHAUDHARY

JUDGEMENT

(1.) The petitioner assails order dtd. 14/6/2019 passed by the Court of Additional Sessions Judge, Panchkula vide which an appeal filed by the petitioner challenging his conviction, as recorded by the learned Additional Chief Judicial Magistrate, Panchkula vide judgment dtd. 18/5/2016, has been dismissed.

(2.) A few facts necessary to notice for disposal of this petition are that a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 was instituted by the respondent - Manisha Chaudhary against the petitioner alleging therein that the petitioner had taken an amount of Rs.8.00 lakhs from complainant's husband as friendly loan on 15/10/2011. The complainant's husband expired on 15/12/2013. Subsequently, the petitioner in order to repay the said loan issued a Cheque bearing No.325261 dtd. 31/3/2014 drawn on Induslnd Bank Limited in favour of the complainant. However, upon presentation of the said cheque by the complainant for its encashment, the same was dishonoured with the remarks 'Fund Insufficient', as conveyed to the complainant vide memo dtd. 25/4/2014. It is the case of the complainant that even on an earlier occasion when the cheque had been presented on 3/4/2014, the same had been dishonoured. The complainant served the statutory legal notice dtd. 21/5/2014, but the petitioner did not make any payment in respect of cheque in question and consequently the instant complaint came to be instituted.

(3.) During trial, the complainant herself stepped into the witness-box as CW-1 and also led documentary evidence. The accused/petitioner in his statement recorded under Sec. 313 Cr.P.C. pleaded innocence and took a stand that he had never taken any loan from the complainant or her husband and that the cheque had been misused. No evidence was led by the accused/petitioner.