HARBANS LAL Vs. RAGHUNATH

JUDGEMENT

(1.) Complainant Raghunath had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) against Harbans Lal on the allegations that to discharge his legal debt/liability, accused Harbans Lal had issued cheque bearing No.356951 dated 27.9.2005 in the sum of Rs.3 lakhs drawn on State Bank of India, Dhab Basti Ram Branch, Amritsar in favour of complainant giving an assurance that same would be encashed; that the complainant had presented the cheque through his banker Union Bank of India, Daim Ganj Branch, Amritsar but the cheque was returned uncashed by the banker of accused along with the memo dated 1.10.2005 having endorsement "Insufficient funds"; that the complainant approached the accused informing him regarding dishonouring of cheque but to no effect; that the complainant served statutory notice dated 17.10.2005 upon the accused calling upon him to make the payment of the cheque amount within 15 days of receipt of notice but to no effect, as such, he filed a complaint in question in the Court of Judicial Magistrate Ist Class, Amritsar.

(2.) After recording preliminary evidence, the accused was summoned. He had not appeared in the Court despite issuance of warrants, both bailable and non-bailable and publication of proclamation against him. Therefore, he was declared a proclaimed offender on 29.9.2017. Later on, he had put in appearance and was granted bail. Notice of accusation under Section 138 of the Act was served upon him, to which, he pleaded not guilty and claimed trial.

(3.) During the course of his evidence, the complainant led evidence both oral as well as documentary.