SUKHDIAL Vs. DEVI LAL

JUDGEMENT

(1.) The applicant/appellant has filed the present application for leave to appeal against the order of acquittal dtd. 27/7/2017 passed by Judicial Magistrate, Ist Class, Ferozepur 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 a complaint was filed against the accused/respondent under Sec. 138/142 of the Negotiable Instruments Act on the allegations that the accused took an amount of Rs.15,00,000.00 from the complainant and the accused agreed to repay the said amount to the complainant after short period. In order to discharge the above said liability, the accused issued a cheque bearing no. 011229 dtd. 30/5/2014 for an amount of Rs.15,00,000.00- drawn on HDFC Bank Ltd. Branch Ferozepur city in favour of the complainant with the assurance that the cheque would be honoured as and when presented for encashment. Thereafter, the complainant, presented the said cheque for encashment through his banker, but the same was dishonoured by the banker of the accused vide memo dtd. 31/5/2014 with remarks "Funds Insufficient and Drawers Signatures Differs". The allegations were that the accused intentionally issued the cheque in question inspite of the fact that he had no funds in his bank account and having different signatures. A legal notice dtd. 7/6/2014 was issued to the accused but the accused failed to pay the cheque amount to the complainant within the statutory period leading to the complaint being filed.

(3.) The appellant/Complainant produced preliminary evidence and after hearing of the preliminary evidence adduced by him, the accused was ordered to be summoned vide order dtd. 11/2/2015. The accused appeared in the Court and he was enlarged on bail. The notice of accusation under Sec. 138 of the Negotiable Instruments Act was served upon the accused, to which he pleaded not guilty and claimed trial.