BHAGWAN SINGH SANDHU Vs. GURDEEP KAUR

JUDGEMENT

(1.) This appeal arises out of the judgement dtd. 21/1/2009 passed by the Court of learned Judicial Magistrate 1st Class, Dhuri, whereby the complaint filed by the appellant under 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'the Act') was dismissed and the accused, Gurdeep Kaur, was acquitted of the charge.

(2.) The case of the complainant, as set up before the learned trial Court, was that the accused issued a cheque bearing No.002874 dtd. 7/6/2005, drawn on UTI Bank, Ludhiana, for a sum of Rs.5,00,000.00 in discharge of a legally enforceable debt. The cheque, when presented through her banker, State Bank of India, Dhuri Branch, was returned unpaid with the memo dtd. 28/6/2005 indicating "payment stopped by drawer" as the reason for dishonour.

(3.) A legal notice of demand was then issued by the complainant to the accused on 23/7/2005. Despite service of notice, the accused failed to make the payment within the statutory period, leading to the filing of a complaint under Sec. 138 of the Act.