MANJIT KAUR Vs. VANITA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22.7.2005 passed by the Court of learned Addl. Chief Judicial Magistrate, Kapurthala whereby he dismissed the complaint and acquitted Vanita accused of the charge framed against her.

(2.) THE facts in brief are that the accused Vanita secured loan to the tune of Rs. 95,000/- from the complainant Manjit Kaur for household management, but she failed to repay the same despite repeated requests made by the latter. In order to repay the said amount, the accused issued a cheque bearing No. 117716 dated 28.6.2003 for Rs. 95,000/- in favour of the complainant drawn on her saving bank account No. 1694 being maintained with Capital Local Area Bank Limited, Jalandhar Road Kapurthala. The said cheque on being presented by the complainant through her bankers i.e. Central Bank, Kapurthala was dishonored and received back with memo dated 28.6.2003 issued by the bankers of the accused bearing remarks "Insufficient Funds". Thereafter, the complainant approached the accused and informed her about the fact that the cheque has been bounced and demanded the amount of cheque, but she refused to pay the same. Notice dated 9.7.2003 was issued by the complainant calling upon the accused to make the payment of the said amount. Such notice has been received by the accused, but nonetheless she did not pay the said amount. Sequelly, the complaint was lodged on 30.7.2003 in the Court.

(3.) SHE did not adduce any evidence in defence. After hearing the learned counsel for the parties and examining the evidence on record, the learned trial Court acquitted the accused of the charged offence as noticed at the outset. Feeling aggrieved with her acquittal, this appeal has been preferred by the complainant - Manjit Kaur.