I S CHOUHAN Vs. SANT RAM

JUDGEMENT

(1.) The present appeal has been filed against the judgment of acquittal dated 03.08.2006 passed by the trial Court in a complaint filed under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the Act').

(2.) The facts, which form the background, are that Sant Ram respondent had taken a friendly loan of Rs.30,000/- from the complainant on 01.05.1998. The amount was not paid despite repeated requests. On 04.07.1998, the complainant approached the respondent and asked him to discharge his liability. The accused issued a cheque bearing No.071221 the same day drawn at Oriental Bank of Commerce, G.T. Road, Kartarpur, District Jalandhar. The cheque was presented to the bankers for encashment, which was dishonoured as the funds were insufficient. The complainant approached the accused and told him the fate of the cheque. He paid no head and told him that he had purposely issued the cheque. The complainant sent a statutory notice to the accused as he failed to make the payments and filed the complaint.

(3.) The accused was summoned. A notice of accusations under Section 138 of the Negotiable Instruments Act was served upon the accused. The accused pleaded not guilty and claimed trial.