RAJ KUMAR BATRA Vs. URMILA DEVI

JUDGEMENT

(1.) Crm-A-629-Ma-2014

(2.) Prayer in this appeal is to set aside the judgment dated 27.01.2014 vide which the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act (for short 'the Act') was dismissed and the respondent-accused was acquitted of the charge.

(3.) Brief facts of the case are that appellant-Raj Kumar Batra filed a complaint under Section 138 of the Act against respondent- Urmila Devi with the allegations that in the month of October, 2008 she had borrowed a loan of Rs.68,000/- and promised to repay the same in the month of March, 2009. On repeated requests of the appellant, the accused, after admitting her liability, issued a cheque bearing No. 020545 dated 10.05.2009 for Rs.68,000/-, drawn on Punjab National Bank. The appellant presented the said cheque in his Bank and the same was returned on 18.05.2009 with the remarks 'Insufficient Funds'. Thereafter, the complainant issued a legal notice dated 20.05.2009 and the accused despite receiving the notice has failed to pay the amount within a stipulated period of 15 days.