LAWS(P&H)-2015-6-22

NIDHI SONI Vs. VINOD KUMAR AND ORS.

Decided On June 29, 2015
Nidhi Soni Appellant
V/S
Vinod Kumar And Ors. Respondents

JUDGEMENT

(1.) CRM No. 11270 of 2015.

(2.) FOR the reasons mentioned in the Crl. Misc. application, same is allowed. Delay of 46 days in filing the application is condoned.

(3.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Section 138 of the Negotiable Instruments Act, 1881 alleging that respondent -accused was in liability to pay a sum of Rs. 4,95,000/ - to the applicant -complainant. The respondent -accused had given one cheque to applicant -complainant on 23.3.3013 amounting to Rs. 4,95,000/ - bearing no. 004692 dated 23.3.3013 drawn at Indian Bank, Ambala Cantt for purchasing commercial vehicles and assured the applicant -complainant that the cheque will be honoured. The applicant - complainant presented the cheque in the bank for collection but the same was returned to the applicant -complainant in original with the memo dated 16.4.2013 of the bank with the remarks "Funds Insufficient". Thereafter, the applicant -complainant issued a legal notice dated 14.5.2013 through registered post but despite that the respondent - accused did not make the payment of the cheque in question within stipulated period, therefore, the complaint was filed.