KHAZAN SINGH Vs. SARMISHTHA MALIK AND ANOTHER

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against the judgment dated 08.06.1999, passed by the learned Judicial Magistrate 1st Class, Chandigarh, whereby accused -respondent No. 1 was acquitted. The brief facts as given in the complaint are that complainant is a retired person and the accused was his neighbour. Accused has taken a loan of Rs. 80,000/ - from him in cash by stating that she was in dire need of money and would return the same at the earliest. The accused issued a cheque bearing No. 712287 dated 01.06.1995 for a sum of Rs. 80,000/ - in favour of the complainant to discharge her financial liability. The complainant presented the said cheque in Punjab National Bank (PNB), Sector -22, Chandigarh on 11.06.1995 but the same was returned back on 14.07.1995 along with the memo of UCO bank with remarks "insufficient funds". Thereafter, the complainant served the accused with a legal notice on 22.07.1995 through registered AD as well as under UPC, but the accused failed to make the payment of the cheque amount within the stipulated period.

(2.) ON the basis of preliminary evidence, accused -respondent No. 1 was summoned. Notice of accusation under Section 138 of the Negotiable Instruments Act was served upon her on 25.05.1996, to which she did not plead guilty and claimed trial.

(3.) AT the close of complainant's evidence, the accused -respondent was examined under Section 313 Cr.P.C. and she denied the correctness of the evidence and pleaded herself as innocent.