JAGDISH SINGH Vs. SHIV KUMAR

JUDGEMENT

(1.) Challenging the correctness and legality of the impugned judgment dtd. 12/1/2007 passed by the learned Judicial Magistrate 1st Class, Jalandhar, whereby, the respondent has been acquitted of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the 'the Act'), the appellant/complainant has preferred the instant appeal before this Court.

(2.) The learned trial Court held that the respondent/accused was successful in setting up the defence that the cheque in question was not issued in discharge of legal liability and the presumption in favour of the complainant stood effectively rebutted and acquitted the respondent of the notice served upon him.

(3.) The complaint was filed by the appellant/complainant against the respondent/accused by alleging that the respondent had taken a friendly loan of Rs.4.00 lacs from the complainant and in order to discharge his legal debt and liability towards him, the respondent issued a cheque bearing No. 755749 dtd. 19/1/2005 for a sum of roarcdRyera/sjnud.dgm4ent lacs drawn on State Bank of India, Harbans Nagar, Branch Jalandhar. However, on presentation, the cheque was returned dishonoured by the bank of the accused vide memo dtd. 1/6/2005 with the remarks 'Insufficient Funds'. After the dishonour of the cheque, the complainant got a legal notice dtd. 3/6/2005 issued through his counsel and the same was sent by registered AD/UPC on 4/6/2005 and the respondent was called upon to make the payment of the dishonoured cheque within a period of 15 days from the receipt of the legal notice. However, despite service of notice, the accused failed to make the payment of the amount of the cheque. With these broad allegations, the complaint was filed by the appellant/complainant under Sec. 138 of the Act against the respondent.