AMIR SINGH Vs. RAJENDER SINGH AND ANOTHER

JUDGEMENT

(1.) Challenge is to the order dated 21.02.2011 whereby the appeal against the judgment of conviction dated 15.07.2009 has been allowed.

(2.) Brief facts of the case are that Amar Singh-petitioner filed a complaint against Rajender Singh-respondent No. 1 under Section 138 of Negotiable Instruments Act, 1881 ( for short 'the Act') alleging that respondent No. 1 had not discharged the loan amount, outstanding against him. Respondent No. 1 had issued cheque bearing No. 635942 dated 21.07.2004 for Rs. 1,14,000/- (Ex. P1) which the petitioner presented in bank i.e Oriental Bank of Commerce Urban Estate II, Hisar and the same was sent by the banker as it was not honoured for insufficient funds, vide memo dated 30.04.2004 (Ex.P3). The complainant/petitioner then approached respondent No. 1, who requested the petitioner to present the cheque again. Again the cheque was presented but the same was not honoured again for insufficiency funds and was returned to the petitioner, vide memo dated 01.11.2004 (Ex.P2).

(3.) Thereafter, a legal notice dated 19.01.2005 (Ex.P6) through registered post was served upon respondent No. 1 to make the payment of Rs. 1,14,000/-, within the period of 15 days. Despite receipt of the legal notice, the payment of Rs. 1,14,000/-was not made to the petitioner/complainant. Thereafter, the petitioner initiated proceedings under Section 138 of the Act against respondent No. 1.