RAJINDER PURI Vs. GIAN CHAND SHARMA

JUDGEMENT

(1.) The challenge in this appeal, preferred by appellantcomplainant Rajinder Puri son of Sohan Lal Puri (for brevity "the complainant"), is to the impugned judgment of acquittal dated 22.9.1997, by means of which, the private complaint filed by him was dismissed and respondent-accused Gian Chand Sharma (in short "accused"), prop. M/s Sharma Brothers Tailors, was acquitted of the charge framed against him, on accusation of having committed an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the N.I.Act") by the trial Magistrate.

(2.) The matrix of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the instant appeal as claimed by the complainant and emanating from the record, is that, initially, he filed a private criminal complaint against the accused u/s 138 of the N.I.Act, pleading therein that on 10.10.1992, he (accused) had borrowed a sum of Rs. 40,000/- from him in the presence of Mahesh Kumar son of Sohan Lal with a clear understanding that on demand, the amount would be returned with interest. He secured the amount of loan and issued two impugned cheques dated 10.10.1992 of Rs. 20,000/- each of/on the same day. It was claimed that the complainant requested the accused to return, but he refused to repay the amount of loan along with interest, despite repeated requests.

(3.) Sequelly, faced with the situation, the complainant presented the impugned cheques in the Allahabad Bank on 6.1.1993 for encashment. The cheques were dishonoured and received back with the objection "Exceeds arrangements" i.e. insufficient funds. After receipt of objection memo, the complainant was stated to have issued registered legal notice to the accused on 15.1.1993, but in vain. In this manner, the accused was alleged to have defrauded the complainant and did not make the payment of the impugned cheques. In the background of these allegations, the complainant filed the criminal complaint on 13.2.1993 against the accused in the manner depicted here-in-above.