STATE BANK OF PATIALA Vs. SUNITA

JUDGEMENT

(1.) RESPONDENT had faced trial in a complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 qua dishonour of cheque dated 15.12.2011 in the sum of Rs. 1,76,219.23P.

(2.) CASE of complainant in brief was that respondent had approached the bank for availing Car loan and loan was advanced to the respondent to the tune of Rs. 2,39,000/ -. After payment of some monthly installments, respondent failed to repay the remaining installments. Respondent issued the cheque in question to clear the loan amount. However, when the said cheque was presented for encashment, the same was dishonoured by the Bank with the remarks "Today's Opening Balance Insufficient".

(3.) SINCE the Bank had issued NOC on 18.05.2011, the learned trial Court rightly came to the conclusion that there was no occasion for the respondent to issue the cheque in question in favour of the complainant in December, 2011.