AMIT KUMAR Vs. ISHWAR GARG

JUDGEMENT

(1.) The present appeal assails the judgment dtd. 12/12/2013 vide which the complaint filed by the appellant-complainant under Sec. 138 of the Negotiable Instruments Act, 1881(for short the Act) was dismissed and the respondent-accused was acquitted.

(2.) The facts, in brief, are that the appellant-complainant was running a rice mill under the name and style of M/s S.R.L. Trading company, at Karnal. The same had been leased out to the respondent-accused for one paddy season commencing from 1/5/2009 to 31/3/2010 by way of a lease agreement dated27.04.2009. Rs.3,00,000.00 was to be paid as lease money. In discharge of his legal liability, the respondent-accused issued cheque No.22863 dtd. 15/2/2009 drawn at State Bank of Patiala, Karnal for a sum of Rs.1,50,000.00.It would be essential to notice here that the number of cheque was subsequently changed in the complaint to 223862. The cheque was dishonoured vide memos dtd. 15/5/2009 and 29/10/2009. Statutory legal notice dtd. 11/11/2009 was issued calling upon the respondent-accused to make the payment of the cheque within a period of 15 days. Since the amount was not paid, the complaint was filed. After preliminary evidence, the respondent-accused was summoned. Notice of accusation was served on 12/7/2010. During the trial, the complainant appeared as CW-1 and examined three other witnesses apart from himself. All the relevant documents were also tendered into the evidence. Certain documents were produced by the respondentaccused in defence evidence. After examining the matter and hearing both sides, the trial Court dismissed the complaint.

(3.) Aggrieved by the said decision, the present appeal was preferred.