JASBIR SINGH Vs. ARVIND GILL

JUDGEMENT

(1.) This appeal is preferred by above-said appellant (complainant) against the judgment dated 18.7.2008 passed by the Court of Judicial Magistrate Ist Class, Hoshiarpur in Act Complaint No.91 of 2004/2007 dated 15.3.2004/26.5.2007 titled as 'Jasbir Singh Versus Arvind Gill' vide which respondent-herein (accused) was acquitted of the accusation (offence) under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' ).

(2.) The case of the appellant-herein (complainant) before the learned trial Court was that the complainant, who was running the business of sale purchase of different goods in the area of Hoshiarpur was having good financial position. The respondent-herein (accused), who was also running his business under the name and style of M/s Hospital Share Engineering Services, Hoshiarpur, was known to complainant. The respondent being friendly to appellant (complainant) borrowed money from him on several occasions in cash as well as through cheques. In all, he borrowed a sum of Rs.1,00,000/- from him out of which he returned the amount of Rs.17,000/- to the appellant complainant in two installments in the month of November and December, 2003 whereby leaving the balance of Rs.83,000/- outstanding against him. The appellant approached the respondent and demanded from him the remaining amount of Rs.83,000/- in the last week of January, 2004, which he did not pay with the request to grant him time to pay the same. Then ultimately in the first week of February, 2004, on the demand of appellant complainant, respondent accused issued the cheque bearing No.003502- 146240002/000926 dated 4.2.2004 in the sum of Rs.83,000/- of HDFC Bank in favour of the complainant in order to discharge his liability towards him with the assurance that there were sufficient fund in his account for the honour of this cheque. Accordingly, appellant (complainant) presented this cheque for collection through his banker i.e. Indian Bank near D.A.V. College, Chandigarh Road, Hoshiarpur which was returned unpaid by the bank authorities with the remarks "Account Closed" vide memo dated 9.2.2004 of HDFC Bank, Hoshiarpur. Then appellant (complainant) served a legal notice upon respondent accused for informing him of dishonouring of the said cheque and also to make payment of the cheque amount through his counsel, but to no effect which resulted into filing of the instant complaint.

(3.) After recording preliminary evidence of the complainant, respondent herein (accused) was ordered to be summoned under Section 138 of the Act vide order dated 20.4.2004. After procuring the presence of respondent-herein (accused), he was served with notice of accusation under Section 138 of the Act, to which, he pleaded not guilty and claimed trial.