JAGDAMBA STEEL INDUSTRIES Vs. SHER CHAND KAPOOR

JUDGEMENT

(1.) M /s Jagdamba Steel Industries, Karnal, through its partner Diwan Chand and General Power of Attorney of the other partners, instituted a complaint in the Court of Judicial Magistrate (1st Class), Karnal for prosecuting M/s Sher Chand Kapoor & Sons, through its proprietor/partner for having committed an offence under Section 138 of Negotiable Instruments Act and section 420 IPC.

(2.) THE complaint was instituted on 3rd October, 1996. The trial Court had acquitted the accused on 25th January, 2000. The judgment of acquittal is under challenge in the present appeal.

(3.) IN the complaint, it was pleaded that cheque bearing No. 918935, drawn for Rs. 5000/- on 8th April, 1996 was returned by the Bank with remarks that it exceeds arrangement. The cheque was returned on 18th April, 1996. The same was again presented but the Banker on 28th August, 1996 again returned the cheque with remarks 'exceeds arrangement'. It was contended in the complaint that non-payment of the amount of Rs. 5000/-, for which the cheque was drawn on 8th April, 1996, makes the accused liable for offence under Section 138 of Negotiable Instruments Act and section 420 IPC.