SANJAY GUPTA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The instant revision is against the acquittal of respondent No. 2 by the Appellate Court for offence under Sec. 138 of Negotiable Instruments Act 1881.

(2.) Respondent No. 2-accused issued a cheque dated 20.09.2000 for INR 1,25,000.00 drawn on Punjab National Bank, Naraingarh, District Ambala in favour of Pawan Kumar Lehna, Manager of Amabla Kurukshetra Gramin Bank. Pawan Kumar Lehna aforesaid made endorsement which precisely is "please pay to Ambala Kurukshetra Grmain Bank, Lakhnoura". The cheque wasCRR No. 1181 of 2012 -2- presented for payment and dishonoured vide memo Ex. C-2 with the remarks "payment stopped by the drawer". Notice dated 18.11.2000 (Ex. C-3) was sent to respondent No. 2 under registered post and postal receipt is Ex. C-4. The payment was not made within the statutory period. A complaint, therefore, was filed before the Magistrate.

(3.) The trial Court observed that Ambala Kurukshetra Gramin Bank was holder of cheque in due course. It was further held that respondent No. 2 admitted having issued cheque in question and the plea that blank cheque given was not accepted. The Appellate Court, however, held that the petitioner-complainant has neither averred nor proved that the cheque was issued in discharge of legal liability. The defence version that entire payment for purchasing car having been made to Pawan Kumar Lehna was believed. It was held that Pawan Kumar Lehna had given an affidavit dated 14.11.1999 in token of receiving full amount of sale consideration and that the vehicle stood transferred in the name of respondent No. 2. The Appellate Court also accepted the contention that blank cheque which Pawan Kumar Lehna was holding with him, was not returned to respondent No. 2- accused.