SUPERTREADS .....COMPLAINANT Vs. KIRSHAN LAL

JUDGEMENT

(1.) The instant appeal, becomes, directed, by, the complainant/appellant herein, against, the verdict of acquittal pronounced by the learned trial court, upon, Complaint No.164/3 of 2008.

(2.) The facts relevant to decide the instant case, are, that, the, Supertreads, is, the, sole proprietorship concern of Shri Sanjay Sood. According, to, the complainant, he runs the business of retreading, of, tyres at Taradevi, Shimla, and, Village Chammla, Darlaghat, Distric tSolan. It has been averred that accused has business dealings with the complainant, and, he has a credit account with the complainant. The accused has been making part payments in the said credit account from time to time. In order to partly discharge the outstanding liability on account of services rendered by the complainant, the accused issued cheque No. S/B0860872, drawn at the Jogindra Central Co-op. Bank, Extension counter JGC Bank Mangoo, for, an amount of Rs.27,025/- in favour of the complainant. The complainant presented the said cheque for encashment through its banker PNB Anaj Mandi, Shimla, which was sent to the banker of the accused for collection but vide cheque returning memo dated 12.04.2018, the banker of the accused returned the cheque dishonoured with endorsement "Drawer has stopped the payment". On receiving the information qua the dishonour of cheque through his banker on 25.5.2008, the complainant issued legal notice to the accused vide registered post dated 1.6.2008, on the correct address of the accused, calling upon him to make the payment of cheque amount within 15 days. It has been averred that despite the receipt of the legal notice, the accused failed to make the payment of the cheque amount within the statutory period. Hence, the present complaint.

(3.) The learned trial Court, on, finding sufficient material on record, to proceed against the accused, hence, issued notice to the accused. On his appearance before the learned trial Court, notice, of, accusation, for, his committing, an, offence punishable, under, Section 138, of, the, Negotiable Instruments Act, stood put, to, him. In proof, of, the, case, the, complainant examined himself, as, a, witness. On conclusion, of, recording, of, the, complainant's evidence, the, statement, of, the, accused, under, Section 313, of, the, Code, of, Criminal Procedure, became, recorded, by, the, learned trial Court, wherein, he, claimed innocence, and, pleaded false implication. In defence, the, accused examined one witness.