LAWS(HPH)-2010-3-107

YOGINDER DUTT SHARMA Vs. ROSHAN LAL KAUSHAL

Decided On March 09, 2010
YOGINDER DUTT SHARMA Appellant
V/S
ROSHAN LAL KAUSHAL Respondents

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of acquittal passed by the learned trial Court in complaint No.20 -3 of 1996, decided on 1st November, 2001, whereby the respondent was acquitted for the offence punishable under Section 138 of the Negotiable Instrument Act.

(2.) TO be precise, the respondent had issued a cheque Ext.PW -1/A for Rs.21,248/ - in favour of the appellant on 8th July, 1995 for the payment of ration taken by his labour from the shop of the appellant. He presented the cheque to his banker for its collection from State Bank of India on 11th July, 1995 and 17th July, 1995 but it bounced for want of sufficient funds. He made another try on 19th December, 1995, but it was also returned back with an endorsement ˜payment stopped by the drawer. Thus a notice was sent on 27th December, 1995 requesting him to make the payment within 15 days of its receipt, but it was returned unserved, the envelope containing the notice with AD is Ext.PW -1/K and PW -1/L, respectively.

(3.) THE complainant led his evidence, respondent was also examined under Section 313 of the Code of Criminal Procedure. He denied that the cheque was ever presented to the bank on 19th December, 1995 or that any notice as alleged was issued. According to him, the cheque was issued as a security. At the end of trial, the learned trial Court acquitted the respondent precisely on the ground that the appellant has failed to prove his case as alleged.