YADWINDER SINGH Vs. RAJ KUMAR ANAND

JUDGEMENT

(1.) Challenge in this appeal is the judgment dated 10.2.2000 passed by Mrs. Manjot Kaur, Judicial Magistrate 1st Class, Amritsar vide which the accused now respondent has been acquitted under Section 138 of the Negotiable Instruments Act (in short - the Act). Briefly stated the case of the complainant is that accused as proprietor of M/s. Raj Food Industries issued seven cheques drawn on his banker State Bank of India, Dhab Wasti Rani, Amritsar amounting to Rs. 1,06,250/- as detailed in the impugned judgment. The accused also issued another cheque drawn on his banker Canara Bank, Gopal Nagar, Amritsar bearing No. 1803150 dated 28.6.1996 for a sum of Rs. 26,250/- in favour of the complainant towards the repayment of the loan taken by the accused from the complainant. On presentation of all the cheques issued by the accused, these were dishonoured on account of insufficiency of funds in the account of the accused. Thereafter, a notice dated 26.8.1996 was served upon the accused through registered post calling upon him to make the payment of the amount covered by the afore-referred cheques within the stipulated period of fifteen days but the accused failed to make the payment. Hence the complaint.

(2.) After recording preliminary evidence, the trial Court summoned the accused to stand trial under Section 138 of the Act.

(3.) On appearance of the accused-respondent, notice under Section 138 of the Act was served upon him to which he pleaded not guilty and claimed trial.