SWARAN KAUR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) The present appeal lays challenge to judgment dated 21.2.2012 passed by the Special Judicial Magistrate Ist Class, Kapurthala, whereby the complaint filed by Swaran Kaur, appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act") has been dismissed.

(2.) The facts relevant for the disposal of the present appeal are that the accused (respondent herein) had taken loan from the complainant and to discharge his liability, he issued Cheque No. 744337 dated 30.9.2007 for Rs. 4,00,000/- drawn on Kapurthala Central Co-operative Bank Limited village and Post Office Kata Sanghtan, District Kapurthala. The cheque on its presentation to the bank was dishonoured with remarks "insufficient funds" vide memo dated 1.10.2007. The accused failed to make payment of the cheque amount despite receipt of notice. The complainant stepped into the witness box to prove her case and examined Raghbir Singh, Assistant Manager, Kapurthala Central Cooperative Bank Limited CW-2. The statement of the accused was recorded in compliance with provisions of Section 313 Cr.P.C. and he denied the incriminating circumstances put to him and pleaded his false implication.

(3.) After hearing counsel for the parties and perusing the evidence adduced by the complainant, the trial court did not feel convinced with allegations of the complainant and found that the complainant has failed to prove its case beyond shadow of reasonable doubt and the accused deserves to be acquitted of the offence charged against him.