(1.) The question which arises for consideration in the instant appeal is as to whether an accused would be held liable for conviction in an offence under Sec. 138 of Negotiable Itruments Act, merely on the strength of a fact th the signature on the cheque in question is not in dispute?
(2.) The present appeal has been filed against the judgment dtd. 26/9/2008 passed by Chief Judicial Magistrate, Tarn Taran, thereby acquitting the respondent-accused of the charges under Sec. 138 of the Negotiable Instruments Act, 1881.
(3.) Before adverting to the merits of the instant case, facts in brief as have led to the filing of the present appeal are adverted to. The appellant instituted the criminal complaint No.46 dtd. 30/9/2004 for offence under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881, alleging that the complainant is a partnership firm and is engaged in the business of merchant and commission agent at Grain Market, Tarn Taran. It is alleged that the respondent-accused used to bring his crops for sale at the shop of the complainant and get money as loan from the firm of the appellant-complainant for his personal needs. It is also alleged that the appellant/complainant is maintaining a ledger account related to the transactions with the respondent-accused and a sum of Rs.50,000.00 became due and payable by the respondent-accused to the appellant. Cheque No.0835704 dtd. 20/7/2004 was issued by the respondent-accused in discharge of his liability for a sum of Rs.50,000.00, drawn on State Bank of Patiala, Branch Tarn Taran. The said cheque was dishonoured by the bank on account of 'insufficient fund' vide memo dtd. 22/7/2004. Notice in terms of Sec. 138 Negotiable Instruments Act, 1881 was sent to the respondent-accused, however, despite expiry of the period, the payment was not made. Hence, complaint in question was instituted.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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