SURINDERA STEEL ROLLING MILLS, Vs. SANJIV KUMAR

JUDGEMENT

(1.) THIS appeal, is directed against the judgement of acquittal dated 13.08.1993, rendered by the Court of Sub Divisional Judicial Magistrate, Amloh, vide which, it acquitted Sanjiv Kumar, accused, of the offence, punishable under Section 138 of Negotiable Instruments Act, 1881 (Amended upto date) - (hereinafter to be called as the 'Act' only).

(2.) A criminal complaint, under Section 138 of the Act, was filed by M/s Surindera Steel Rolling Mills, Mandi Gobindgarh, (complainant - now appellant), through Ram Sarup, its Manager, on the allegations, that the accused purchased re-rolling material from it, vide bill No. 880, dated 20.12.1989 of the value of Rs. 3,58,449/-. This amount was carried forward to the next financial year i.e. 1990-91. Against the amount of this bill, the accused, being proprietor of firm M/s Prompt Steel, issued a cheque No. 0718342 in the sum of Rs. 60,000/-, dated 10.11.1990, by way of part payment, in favour of the complainant firm, assuring that the same would be honoured. When the cheque was presented to the bank, by the complainant, through its bankers, the same was returned dishonoured, by the Union Bank of India, Mandi Gobindgarh, with the remarks "refer to drawer", meaning thereby that there was no arrangement to pay the amount of the said cheque. Thereafter, the complainant, served a statutory notice, upon the accused, asking him to make the payment of Rs. 60,000/-, of the cheque, in question, within a period of 15 days, from the date of receipt of the said notice, which was delivered to him on 21.12.1990. Despite service of notice, payment was not made.

(3.) ON appearance of the accused, he was supplied a copy of the complaint. Notice, under Section 138 of the Act, was served upon him, to which he pleaded not guilty.