KARAMVIR Vs. ANITA SHARMA

JUDGEMENT

(1.) The petitioner through the instant appeal has impugned the judgment dated 16th January, 2009, passed by Judicial Magistrate Ist Class, Gurgaon, whereby the complaint under Section 138 of the Negotiable Instruments Act was dismissed.

(2.) The complaint was registered on the allegation that respondent is a clerk in Punjab National Bank, Gurgaon. Her husband, namely, Pardeep Sharma was a clerk with the petitioner in Central Bank of India, Gurgaon. In November, 1998, respondent and her husband requested the petitioner to advance loan of Rs.1.00 lac to purchase a car. The respondent assured to return the loan within three months. Car bearing No. HR-26H-0358 Maruti Zen was purchased by the respondent in the name of her husband. A sum of Rs.42,000/- was returned by the respondent on 13.1.1999 through cheque no.442381 of Punjab National Bank and the same was encashed. Respondent further issued a cheque bearing No.422384 dated 7th March, 1999 for Rs.30,000/- and cheque No.442385 dated 10th April, 1999 for Rs.20,000/- of Punjab National Bank, Gurgaon towards repayment of the balance amount of loan. The said cheques when presented in bank, were dishonoured on account of stop payment as the payment was stopped by the drawer/respondent. In the preliminary evidence, the complainant was examined as PW1 and the documents Ex.P1 to P8 were placed on record. After preliminary evidence, the respondent was ordered to be summoned vide order dated 17th May, 1999.

(3.) After appearance of respondent, notice of accusation for the commission of offence under Section 138 of the Negotiable Instruments Act, was issued. Respondent did not plead guilty and claimed trial. Evidence was led by the petitioner.