LAWS(P&H)-2022-3-184

KAMAL NARULA Vs. NANU RAM

Decided On March 29, 2022
Kamal Narula Appellant
V/S
NANU RAM Respondents

JUDGEMENT

(1.) The appellant has filed the present appeal against order dtd. 18/1/2018 passed by the Judicial Magistrate First Class, Faridabad in Complaint case NACT-531/2016 titled as 'Kamal Vs. Nanu Ram' filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') whereby the above-said complaint was dismissed due to non-appearance of the appellant/complainant and the respondent-accused was acquitted.

(2.) Briefly stated the facts giving rise to the filing of the appeal are that appellant/complainant filed above-said complaint on the averments that the respondent/accused issued Cheque No.327549 dtd. 5/12/2011 and Cheque No. 327548 dtd. 5/12/2011 for an amount of Rs.3,00,000.00 and Rs.1,70,000.00 respectively for discharge of subsisting liability but on presentation the said cheques were dishonoured with remarks 'Funds Insufficient'. Despite service of notice the respondent/accused did not pay the amount of the cheques within the prescribed period. Vide order dtd. 7/12/2016, notice was served upon the respondent to which respondent pleaded not guilty and claimed trial.

(3.) When the case was fixed for hearing on 18/1/2018, the appellant/complainant absented on which the complaint was dismissed in default for non-prosecution. The relevant part of the order reads as under :-