HARI CHAND SANT DASS Vs. MANPREET SINGH

JUDGEMENT

(1.) This is an appeal filed by the complainant against the judgment dtd. 23/1/2009, passed by the Court of Ld. Judicial Magistrate Ist Class, Ropar (for brevity 'Ld. Trial Court'), in a complaint case bearing No. RT-152/1/3/7/6/11/2008, filed under Sec. 138 of the Negotiable Instruments Act, 1881 (in short 'NI Act'), whereby, respondent (accused) was acquitted.

(2.) In the complaint case filed before Ld. Trial Court, it was alleged that accused had purchased diesel from appellant in the month of 2006, for a sum of Rs.25,000.00, and in discharge of his liability, a cheque bearing No.789210, dtd. 13/1/2007, drawn on ICICI Bank Ltd., Ropar, in favour of the complainant (appellant herein) was issued. On presentation of said cheque in the Bank, same was received back dishonoured vide memo dtd. 13/1/2007, with remarks 'insufficient funds'.

(3.) After recording the preliminary evidence, accused (respondent herein), vide order dtd. 1/3/2007, was summoned to face trial under Sec. 138 of NI Act. After appearance, notice of accusation was also served vide order dtd. 3/5/2008, to which accused pleaded not guilty, and claimed trial.