AMAR NATH SINGLA Vs. SAVINDER SINGH

JUDGEMENT

(1.) AMAR Nath petitioner filed a complaint under Section 420 of the Indian Penal Code against Savinder Singh, respondent herein, on the ground that on 23.2.1988 he came to the former and persuaded him to deliver Rs. 4600/- against cheque No. QEE 769484, drawn on the Punjab National Bank representing that the bank had closed and he was in dire necessity of the money. The petitioner delivered him Rs. 4600/- on such representation. Again, on 23.3.1988, the respondent on the similar representation received Rs. 4000/- from the petitioner against cheque No. QEE 769485. These cheques when presented in the bank were dishonoured on 9.5.1988. When he approached the respondent, he assured him that he will deposit the amount in question and then he could get his cheques encahsed. Since no amount was deposited in the bank by the respondent and the cheques were not encashed, the filing of the complaint was necessitated.

(2.) IN preliminary evidence, besides himself, the complainant examined Ashok Kumar, Rishi Nandan Sharma, Manager of the Punjab National Bank, and Dawan K.S. Puri, Document Expert. On the basis of oral evidence and cheques Exhibits PA and PB, the Judicial Magistrate Ist Class, Patiala, vide his order of May 9, 1990, directed that the accused be charge-sheeed under Section 420 of the IPC.

(3.) I have heard the rival arguments of the learned Counsel for the parties and have also perused the material on record.