LAWS(P&H)-2015-5-140

MANPREET SINGH Vs. SARABJEET SINGH AND ORS.

Decided On May 21, 2015
MANPREET SINGH Appellant
V/S
Sarabjeet Singh And Ors. Respondents

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 11.12.2013 passed by the Judicial Magistrate Ist Class, Bathinda whereby complaint filed by applicant under Section 138 of the Negotiable Instruments Act (in short, 'the Act') has been dismissed and respondent has been acquitted of the notice of accusation served upon him.

(2.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Section 138 of the Act alleging that respondent -accused took a cash loan of Rs. 4,00,000/ - from the complainant for his domestic needs on the basis of pronote in presence of marginal witnesses and in discharge of his legal liability, the respondent issued a cheque No. 233648 dated 28.06.2012 for a sum of Rs.4,00,000/ - in favour of the complainant out of his account No. S 13592 maintained by the respondent with the drawee bank and assured the complainant that the above said cheque will be honoured as and when the same will be presented for its encashment. On presentation of cheque, the applicant further sent the same for clearance to the banker of accused, but the same was returned with remarks "Funds Insufficient" vide memo dated 29.06.2012. Upon receipt of cheque with memo through his banker, the applicant served a registered legal notice dated 06.07.2013 through registered post upon the accused calling upon to make the payment within 15 days which was duly received by the respondent. The respondent instead of making the payment sent reply to the notice on 11.07.2012 through his counsel and denied for making the payment of the cheque amount. Despite notice, the respondent failed to make the payment of above said dishonoured cheque to the complainant within the stipulated period of 15 days. Therefore, the complaint was filed.

(3.) ON the basis of preliminary evidence, notice of accusation for commission of an offence punishable under Section 138 of the Act was served upon the accused -respondent to which he pleaded 'not guilty' and claimed trial.