LAWS(P&H)-2013-10-708

MANOHAR SINGH Vs. ASHUTOSH KADYAN

Decided On October 31, 2013
MANOHAR SINGH Appellant
V/S
ASHUTOSH KADYAN Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 26.02.2002 passed by Shri Sangeet Pal Singh, Judicial Magistrate Ist Class, Hoshiarpur, vide which the complaint preferred by the complainant now appellant against the respondent/accused under Section 138 of the Negotiable Instruments Act (in short "the N.I.Act"), was dismissed.

(2.) Brief facts of the case as gathered from the record are that respondent issued a cheque dated 27.04.1999 for a sum of 'One lac of State Bank of Bikaner and Jaipur, New Delhi in favour of complainant now appellant in discharge of his debt. The complainant presented the said cheque through his bankers Punjab National Bank for encashment but the same was dishonoured for "insufficient funds". On contacting the accused, he asked the complainant to present the cheque again, giving assurance that it will be honoured but the same was dishonoured for "insufficient funds". Legal notice dated 09.11.1999 was issued but in spite of that, payment was not made by the accused/respondent. Hence, the complaint under Section 138 N.I.Act was filed.

(3.) On the basis of pre-summoning evidence, the accused was summoned to face trial under Section 138 of the N.I.Act. After summoning the accused, notice of accusation was given to the accused to which he pleaded not guilty and claimed trial.