NORANG RAI INDER SAIN Vs. NIHAL SINGH

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment dated 08.06.2015 passed by the trial Court vide which the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the NI Act') was dismissed.

(2.) Brief facts of the case are that, the complainant through its proprietor Bishambher Dayal filed the complaint against the respondent with the allegations that the complainant is dealing in the business of commission agency in the grain market and the accused is known to the complainant and had borrowed a sum of Rs.1,35,000/- and assured that he will sell the crops to the complainant and the borrowed amount will be adjusted towards the sale proceeds of the crops. It is further alleged that instead of selling the crops to the complainant, the accused sold the crops to some other commission agent and, therefore, he is in arrear of the aforesaid amount. It is further stated in the complaint that the amount was borrowed by the complainant on different dates either by way of cash or by way of cheques. It is further stated that on 27.12.2012, the accused, in discharge of his liability has issued a cheque bearing No.673820 for a sum of Rs.1,35,000/- as this amount was payable to the complainant. It is further stated that on presentation of the cheque in the bank account of the appellant with HDFC Bank, Hisar Branch, it was dishonoured with the remarks 'account is dormant' vide memo dated 29.12.2012.

(3.) The complainant, thereafter, sent a legal notice to the respondent/accused who failed to make the payment within the stipulated period of 15 days despite having received the legal notice dated 04.01.2013.