PARDEEP KUMAR MAHAJAN Vs. ASHWANI MEHTA

JUDGEMENT

(1.) Appellant, namely, Pardeep Kumar Mahajan, has filed this appeal against the judgment dated 22.03.2002, passed by the learned Judicial Magistrate 1st Class, Tarn Taran, vide which, the complaint of the appellant under Section 138 of the Negotiable Instruments Act, was dismissed. Concisely, the brief facts of the case in hand are that the respondent, namely, Ashwani Mehta, took a loan of Rs. 95,000/- from the appellant and to discharge this liability, the respondent had issued a cheque bearing No. 034754 dated 22.11.1997 for Rs. 95,000/- drawn on Central Bank of India, Circular Road, Amritsar, in favour of the appellant, with assurance that it would be honoured as and when presented before the bank. The appellant presented the said cheque through clearing house on 02.12.1997, but it was returned with the remarks "Insufficient Funds". Its intimation was received by him on 03.12.1997, along with this cheque. The respondent was served with mandatory legal notice by the appellant on 12.12.1997, asking him to clear the amount within 15 days of receipt of the same. It was duly received by the respondent, but he failed to clear the amount in question.

(2.) Subsequently, the appellant led preliminary evidence and after considering the same, the respondent was summoned to face trial under Section 138 of the Negotiable Instruments Act on 03.04.1998. On his appearance and after due consideration, the respondent was served with a notice of accusations under Section 138 of the Negotiable Instruments Act vide proceedings dated 23.07.1998, to which he pleaded not guilty and claimed trial.

(3.) In order to prove its case, the appellant/complainant examined, Pawan Kumar as PW-1, Chand Kumar as PW-2 and himself as PW-3 and close his evidence.