MANGAT RAM MEHTA Vs. HARI DUTT SHARMA

JUDGEMENT

(1.) ON the compliant filed by the Appellant under Section 138 of the Negotiable Instruments Act, in short 'the Act', Respondent was acquitted by the learned trial Court. Hence this appeal by the Appellant.

(2.) RESPONDENT was put on the trial on the allegations that he had borrowed Rs. 17,500/ - from the Appellant in the month of April, 1995 which was agreed to be returned on or before 31.1.1996. But the Respondent failed to repay the amount as such issued the cheque bearing No. 775473 dated 6.2.1996 for a sum of Rs. 17,500/ - payable at Kangra Central Cooperative Bank on 19.2.1996, which was presented by the Appellant for its encashment but it was dishonoured and returned with the remarks "exceeds arrangements". Thus a legal notice Ext.P1/C was issued to the Respondent which was received and acknowledged by him as Ext.P1/E ,asking him to pay the cheque amount with interest and costs within 15 days from the receipt thereof.

(3.) TO prove its case, complainant examined himself as CW2 on 24.6.2002 and 1.7.2002. His later statement was considered as per his statement recorded before the learned trial court. He also produced Bank official CW1 Punit Singla to prove the memo Ext. P1/B with record of the account opened by the Respondent on 20.1.1996 by depositing an amount of Rs. 500/ -.