BHUPINDER BHATIA Vs. MANISHA SAREEN

JUDGEMENT

(1.) The present revision petition has been filed against the impugned order dtd. 9/2/2022 passed by the Court of Additional Chief Judicial Magistrate, Pathankot whereby the application moved by the complainantpetitioner under Sec. 311 Cr.P.C. has been dismissed.

(2.) The brief facts of the case as emanating from the pleadings are that the respondent-accused had family relations with the petitionercomplainant. On account of her dire need, the respondent-accused borrowed a sum of Rs.1,80,000.00 from the petitioner-complainant as a friendly loan and agreed to return the same within two/three months. For the said purpose, an account payee cheque bearing No.716001 dtd. 26/6/2018 amounting to Rs.1,80,000.00 drawn upon UCO Bank, Pathankot, was issued in favour of the petitioner. The petitioner-complainant presented the aforesaid cheque and the same came to be dishonoured with the remarks "Account Blocked" vide memo dtd. 28/6/2018. A copy of the memo is attached as Annexure P-3 to the petition. Notice was served upon the respondent-accused who refused to receive the same and also failed to make the payment of the cheque amount. Being aggrieved, the petitioner-complainant filed a complaint dtd. 31/7/2018 and a copy of the same is attached as Annexure P-1 to the petition. Pursuant to the filing of the complaint, the respondent-accused came to be summoned to face Trial under Sec. 138 of the Negotiable Instruments Act, 1881.

(3.) Vide order dtd. 9/1/2020, the petitioner-complainant closed his evidence and on 21/1/2020, the statement of the accused-respondent was recorded under Sec. 313 Cr.P.C. Pursuant to the recording of the statement, the case was fixed for defence evidence but on account of the COVID-19 pandemic, the case was adjourned from time to time.