GANESH FLOUR MILLS Vs. JEEWAN KUMAR

JUDGEMENT

(1.) CRIMINAL Appeals 475-DBA and 476-DBA of 1993 filed by Ganesh Flour Mills, Nabha to challenge the acquittal of two brother, Jeewan Kumar and Satish Kumar, respectively, shall be decided by this judgment. Jeewan Kumar and Satish Kumar were acquitted by the learned Additional Sessions Judge, Patiala vide judgment dated April 30, 1993 after they had both been convicted by the learned judicial Magistrate, Nabha vide judgment dated October 19, 1992.

(2.) BRIEFLY stated the facts are that Ganesh Flour Mills, Nabha through its sole proprietor Budh Sagar had filed two complaints under Section 138 of the Negotiable Instruments Act (for short the Act) read with section 420 I. PC. against Jeewan Kumar and Satish Kumar. According to the complainant Jeewan Kumar had issued a cheque for Rs. 30,900/-on june 18, 1991 drawn on Oriental Bank of Commerce, Nabha. The cheque on presentation was dishonoured with the remarks "referred to drawer". Notice of dishonour was issued upon the party on June 29, 1981 but payment was not received and hence the complaint was filed. The learned Magistrate came to the conclusion that the sum mentioned in the cheque was issued by Jeewan Kumar to the complainant. The plea of the accused that he had not taken any loan from the complainant and that his signatures on the cheque had been obtained by an employee of the bank was not accepted by the learned Magistrate. It was held that the complainant had proved that the cheque had been returned by the banker on account of the party having insufficient funds in the bank. Consequently, Jeewan Kumar was convicted.

(3.) THE pleas and the evidence against Satish Kumar were also similar and so also was the finding of the learned Magistrate except that the amount in question was Rs. 4000/- for which cheque had been issued on June 12, 1991.