COL S S RATHI Vs. PREM DESWAL

JUDGEMENT

(1.) APPELLANT has assailed judgment dated 19.01.2013 passed by Judicial Magistrate Ist Class, Karnal whereby respondent has been acquitted in a complaint under Section 138 of Negotiable Instruments Act (for short 'the Act').

(2.) RESPONDENT filed complaint before Judicial Magistrate Ist Class, Karnal with allegations that accused/respondent took a loan of Rs.3,50,000/ - by cheque and cash from the complainant/appellant for construction of school building in Delhi. In order to discharge his liability, accused issued cheque No.026672 dated 31.03.2007 in a sum of Rs.1,29,000/ -, cheque No.026673 dated 30.04.2007 in the sum of Rs.74,000/ - and cheque No.649471 dated 31.03.2007 in a sum of Rs.1,00,000/ -. Thereafter accused requested the complainant not to present the cheque for encashment till January 2007 as he was not having sufficient funds in his account. When the cheques were presented by complainant for encashment with the Banker then same were returned with remarks of insufficiency of funds. The dishonour of cheques were informed vide memo dated 16.07.2007. Statutory notice was given on 14.07.2007 by registered post calling upon accused to make payment, but the accused failed to make payment within stipulated period and thereafter complaint was filed. After due compliance of notice accusation, complainant led evidence in the form of his statement as CW -1 besides tendering affidavit as CW1/A and also cheques Exs. C -1, C -2 and C -3 and memo Exs. C -4 and C -5 and memo of Uco Bank as Ex.C -6. Legal notice Ex.C -7, postal receipts Ex.C -8 and Registered A.D.s Ex.C -9. Complainant also got examined Ashok Goel, Clerk PNB, Karnal as CW2 who has deposed that cheques on presentation were dishonoured and also proved copy of bill registered report collection as on 21.05.2010 Ex.CW/A and statement of account for the period 01.01.2007 to 21.05.2010 Exs. CW2/B.

(3.) THE statement of accused was recorded under Section 313 Cr.P.C. in which he pleaded his ignorance and alleged false implication. In the defence, accused got examined Pankaj Kumar Deputy Manager, Axis Bank as DW1, who tendered the statement of account Ex.DW1/A of the petitioner for the period 01.02.2006 to 31.03.2006. Accused himself appeared as DW -2 and also examined Dharmendra as DW -3 who tendered affidavits Exs. DW2/A and DW3/A respectively. Nitin Chawla, Assistant Manager, Axis Bank was also examined as DW -4 who tendered statement of account for the period of 01.01.2006 to 31.12.2006 and 01.01.2007 to 31.12.2007 Ex.DW4/A.