LAWS(P&H)-2022-4-203

PARMOD KUMAR Vs. SOM DUTT

Decided On April 25, 2022
PARMOD KUMAR Appellant
V/S
SOM DUTT Respondents

JUDGEMENT

(1.) The applicant/appellant has filed the present application for leave to appeal against the order of acquittal dtd. 18/12/2019 passed by Judicial Magistrate, Ist Class, Bhiwani, whereby the complaint under Sec. 138 of the Negotiable Instruments Act, 1881 filed by the applicant/appellant was dismissed.

(2.) The brief facts of the case are that in the month of April, 2016, the complainant advanced a friendly loan of Rs.3,00,000.00 to the accused for his personal requirements. The accused person promised to return the amount within 2/3 months.

(3.) In order to discharge his liability, accused issued a cheque bearing No.390196 dtd. 16/7/2016 amounting to Rs.3,00,000.00 in the name of Punjab National Bank, Halu Bazar, Bhiwani. The cheque when presented to the Bank of Baroda was returned unpaid with memo dtd. 18/7/2016 by the office of Punjab National Bank, with the remarks that "Insufficient Funds".