PAMOD Vs. GEETA DEVI

JUDGEMENT

(1.) The present appeal has been filed against the judgement dtd. 21/2/2019 passed by Sub Divisional Judicial Magistrate, Siwani in Criminal Case No.200-II of 2017 titled as 'Pamod Kumar Vs Smt. Geeta Devi' whereby the respondent-accused has been acquitted of the charges levelled against her.

(2.) The brief facts of the case are that the appellant-complainant and respondent-accused are stated to have shared cordial and friendly relations and therefore, the respondent-accused borrowed a sum of Rs.6,00,000.00 from the appellant-complainant and respondent-accused, in discharge of her legal liability, issued a cheque No. 556532 dtd. 12/7/2017 for an amount of Rs.6,00,000.00 in favour of the appellant-complainant from her bank account No. 30210204809 drawn on SBI, Hisar. The cheque was presented to drawee bank but same was returned unpaid with remarks 'Account Closed' vide memo dtd. 14/7/2017. Thereafter, a notice was served upon the respondent-accused on 1/8/2017 but the respondent-accused had not paid the amount of the cheque. The complaint under Sec. 138 of the Negotiable Instruments Act, 1881 was thus instituted.

(3.) After preliminary evidence of the complainant, the respondent- accused was summoned to face trial vide order dtd. 14/8/2017. Respondent accused appeared before the court and applied for bail. He was admitted to bail vide order dtd. 7/2/2018 and he was served with a notice of accusation under Sec. 138 of the Negotiable Instrument Act, 1881 vide order dtd. 12/3/2018 to which, he pleaded not guilty and claimed trial.