BALWINDER SINGH Vs. NACHHATAR SINGH

JUDGEMENT

(1.) This common order shall dispose of Criminal Miscellaneous Nos. M-1934 and M-1946 of 2012, both titled as "Balwinder Singh Versus Nachhatar Singh" since in both the petitions, the parties are same and the issue involved is also the same.

(2.) Brief facts of the case are that respondentcomplainant Nachhatar Singh filed two complaints under Section 138 of the Negotiable Instruments Act, 1881, ( in short, "the Act") before learned Judicial Magistrate Ist Class, Moga, with the averments that the petitioner-accused borrowed a loan from him as per his requirement and he (petitioner-accused) promised to repay the same at a later stage as and when demanded by the respondentcomplainant.

(3.) In order to discharge his liability, the petitioner-accused issued two cheques bearing Nos. 395840 dated 03.07.2009 and 395843 dated 10.07.2009, for a sum of Rs. 2,00,000/- and Rs. 2,60,290/- respectively from his account No. 29116, drawn on Union Bank of India, Branch Moga, in favour of respondent-complainant. The above said cheques bounced and after completing the formalities, complaint Nos. 115-2 and 118-2 of 08.08.09/20.09.11 (Annexure P-1 in both the petitions) were presented.