ANIL KUMAR Vs. GURUDUTT

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 31.03.2012 passed by Shri Vikas Gupta, Judicial Magistrate Ist Class, Faridabad, vide which the complaint filed by the complainant/appellant under Section 138 of the Negotiable Instruments Act (in short the N.I.Act ) as well as Section 420 of the Indian Penal Code (in short the IPC ), was dismissed. Brief facts of the case as gathered from the record are that the complainant has alleged that the accused/respondent borrowed a friendly loan of Rs.4 lacs from the complainant in October, 2008 and he assured that the said amount will be repaid within one year. After the expiry of one year, the complainant demanded the said amount. The accused issued a cheque bearing No.107360 dated 01.02.2010 amounting to Rs.4 lacs drawn on Punjab National Bank and assured the complainant that the said cheque will be honoured on presentation. The said cheque was presented in the bank of complainant i.e IDBI Bank Limited, Faridabad and the said cheque was returned dishonoured with remarks 'Drawers signatures differs', vide return memo dated 27.03.2010. The complainant/appellant informed the accused about the dishonouring of cheque. The accused was having knowledge that the cheque would be dishonoured but in spite of that he issued the cheque and in this manner, he has deceived and cheated the complainant. Hence, the complaint. In preliminary evidence, the complainant himself stepped into the witness box as CW-1 and closed the evidence.

(2.) The learned trial Court, vide order dated 04.05.2010, summoned the accused to stand trial for an offence punishable under Section 138 of N.I.Act. Notice of accusation was served upon the accused vide order dated 06.01.2011 to which the accused pleaded not guilty and claimed trial.

(3.) In order to prove his case, complainant himself stepped into the witness box as CW-1 and closed the evidence.