PARAMJIT SINGH Vs. JASPREET SINGH

JUDGEMENT

(1.) Instant criminal revision petition, at the hands of the complainant, is directed against the impugned judgment dated 04.06.2012 passed by learned Additional Sessions Judge, Patiala, whereby appeal filed by the petitioner against the impugned judgment of acquittal dated 22.11.2008 passed by learned Chief Judicial Magistrate, Patiala, was dismissed, upholding the acquittal of the accused-respondent.

(2.) Brief facts of the case, as recorded by the learned Additional Sessions Judge in para 2 of his judgment, are that there were certain financial transactions between the parties. The accused borrowed a sum of Rs.15,00,000/- from the complainant in three installments. In all, the complainant advanced Rs.15,00,000/-. In discharge of his liability, the accused issued post-dated cheque No.047347 dated 15.04.2006 for a sumof Rs.15,00,000/- drawn on UTI Bank Ltd., Rajbaha Road, The Mall Road, Patiala. The cheque was presented by the complainant for encashment through his banker i.e. Oriental Bank of Commerce, Chhoti Baradari, Patiala on 15.04.2006, however the cheque was returned back dishonoured by the banker of the accused with the remarks "Insufficient funds". The factum of dishonour of the cheque was intimated to the complainant vide memo dated 18.04.2006.

(3.) On receipt of the memo and cheque, the complainant tried to contact the accused, but the accused evaded to meet the complainant. Thereafter, the complainant got issued a legal notice dated 27.04.2006 to the accused, calling upon the accused to return the amount of the cheque within a period of 15 days. Having failed to receive the payment, the complainant was left with no other remedy, but to file a complaint.