ERFAN TIMBER Vs. BALWINDER SINGH

JUDGEMENT

(1.) The present application under Sec. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') is preferred against the impugned judgment of acquittal dtd. 16/11/2018 passed by learned Judicial Magistrate Ist Class, Yamunanagar at Jagdhri in complaint under Sec. 138 of the Negotiable Instruments Act (hereinafter 'NI Act'). FACTUAL BACKGROUND

(2.) Briefly, the facts are that the applicant-complainant engaged in business of timber with the respondent-accused. In July 2016, the respondent placed an order for fuel wood with the applicant amounting to Rs.1,60,925.00 against credit memo/bill no. 05 dtd. 16/7/2016, no. 06 dtd. 18/7/2016, no. 07 dtd. 20/7/2016, no. 08 dtd. 22/7/2016 and no. 09 dtd. 25/7/2016. To discharge his liability, the respondent issued a cheque bearing no. 353065 dtd. 17/8/2016 for a sum of Rs.1,60,000.00. On presentation, the cheque was dishnonoured vide memo dtd. 18/8/2016 with the remarks- 'Exceeds Arrangement.' Thereafter, a legal notice dtd. 26/8/2016 was issued to the respondent. Since the respondent failed to make the requisite payment, the present complaint was filed on 15/9/2016.

(3.) On finding a prima facie case against the respondent, the learned trial Court summoned him for having committed an offence punishable under Sec. 138 of the NI Act. The respondent appeared, secured his bail after which a notice of accusation was served upon him vide order dtd. 29/9/2017, to which he pleaded not guilty and claimed trial.