SHARDA DEVI Vs. RAM KISHAN GOEL & ANR

JUDGEMENT

(1.) The contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant petition for special leave to appeal and emanating from the record, is that initially, petitioner-complainant Sharda Devi wife of Ramotar (for brevity "the complainant") has filed a complaint against Ram Kishan Goel accused (respondent No.1) under section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the NI Act") as amended by the Banking, Public, Financial Institutions and Negotiable Instrument Laws (Amendment) Act, 2002 (55 of 2002) on the ground that he (accused) had borrowed a sum of Rs. 2 lacs from her on 2.11.2000 with a promise to pay interest at the rate of 1.50 paise per month. Thereafter, he had paid a sum of Rs. 1,55,000/- and issued a cheque on 31.7.2003 of the remaining amount of Rs. 45,000/-. She deposited the cheque for encashment in her account in the Central Bank of India, Charkhi Dadri on 20.8.2003, but the same was dishonoured with the remarks of "insufficient fund/exceeds arrangement" in the account. She issued a registered legal notice dated 8.9.2003, which was received by him on 15.9.2003. It was claimed that even the accused did not make the payment of balance amount of Rs. 45,000/-, despite service of legal notice. In the background of these allegations, the complainant filed the complaint against the respondent-accused in the manner depicted here-inabove.

(2.) The complainant, in order to substantiate her case, examined PW1 Subhash Chand, who has produced the summoned record of civil suit for recovery and tendered certified copy of statement (Ex.PW1/A) of Ram Kishan, certified copy of written statement (Ex.PW1B) and copy of original writing (Ex.PW1/C). Sequelly, next to note is the testimony of PW2 K.K.Goel, Advocate, who stated that on 1.11.2003, civil suit titled Sharda Devi Vs. Ram Kishan Goel was drafted by him on the instructions of plaintiff and issued legal notice dated 8.9.2003 to accused through registered post, which was received by him on 15.9.2003. PW3 Ishwar Singh (Record keeper) has brought the summoned record regarding account of the accused. He has deposed that the cheque dated 31.7.2002 (Ex.P1) belongs to their bank and on 21.8.2003 the said cheque was received due to non-clearance because there was insufficient amount in the account.

(3.) Likewise, PW4 Sharda Devi complainant tendered her affidavit (Ex.CW1/A) along with the documents. PW5 Azad Singh, Manager has brought the summoned record of account of the company and produced the certified copy of entries of account (Ex.PW5/A). Last to note is the testimony of PW6 Kanwar Singh, Assistant Manager, who testified that on 21.8.2003, the complainant produced cheque in question for clearance, which was returned back due to insufficient fund. He has also produced the copy of clearance register (Ex.PW6/A). This is the entire evidence brought on record by the complainant.