KIRAN FINANCE CO HOSHIARPUR Vs. SUKHDEV KISHAN

JUDGEMENT

(1.) This appeal has been preferred by Kiran Finance Company, Hoshiarpur through its Managing Partner, Capt. Lakhwinder Singh Gill against order dated 26-2-2002 passed by learned Judicial Magistrate 1st Class, Hoshiarpur, whereby respondent-Sukhdev Kishan was acquitted in a complaint case No. 9 of 18-11-1999 filed under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act").

(2.) The case of the complainant shorn of details, is like this : Respondent-Sukhdev Kishan had purchased a Matador bearing Registration No. HP-20-1444 vide Hire Purchase Agreement (Ex.DX) dated 20-5-1996 for an amount of Rs. 3,20,000/-. The said amount was to be paid in 36 installments. In the event of failure, 4% overdue charges were also agreed to be paid on the defaulted amount. To discharge his partial liability, respondent Sukhdev Kishan had issued a cheque No. 570893 dated 24-9-1999 worth Rs. 85,000/- to the complainant-appellant, but, the same was dishonoured on account of insufficient funds. A legal notice dated 11-10-1999 (Ex. C6) was issued to the respondent to make payment but, of no avail. Ultimately, on these aforesaid allegations, complainant- appellant had filed a complaint under Section 138 of the Act. After recording the preliminary evidence, the respondent was summoned to face trial for commission of offence under section 138 of the Act.

(3.) In order to prove its case, the appellant examined as many as three witnesses, namely, CW-1 Lakhwinder Singh Gill, complainant, CW-2 Gurinderpal Singh, Special Assistant of the Oriental Bank of Commerce, Hoshiarpur, and CW-3 Naresh Pal, Clerk- cum-Cashier, State Bank of Patiala, Una.