RAM LAL Vs. MAUJI RAM

JUDGEMENT

(1.) By way of this appeal, filed under Sec. 378 of the Code of Criminal Procedure, the appellant has assailed the judgment passed by the Court of learned Judicial Magistrate, 1st Class, Karsog, District Mandi, H.P., in Criminal Complaint No.555 of 2017, titled as Shri Ram Lal Versus Shri Mauji Ram, decided on 2/3/2020, filed under Sec. 138 of the Negotiable Instruments Act, vide which the complaint so filed by the present appellant stood dismissed by the leaned Court below.

(2.) Brief facts necessary for the adjudication of the present appeal are that the appellant herein filed a complaint under Sec. 138 of the Negotiable Instruments Act against the accused, on the ground that the accused was known to him and had borrowed an amount of Rs.85,000.00 from him in the month of October, 2016, in order to run his business of apples and other activities. In lieu thereof, he issued a cheque to him for an amount of Rs.85,000.00 ,drawn upon State Bank of India, Karsog Branch, dtd. 21/3/2017. The cheque when presented before the bank, was dishonoured, vide memorandum dtd. 21/4/2017, on the ground of 'Insufficient Funds'. Thereafter, the complainant got issued a legal notice through counsel, dtd. 9/5/2017, to the accused, calling upon him to make good the amount of the cheque. As the same was not done, the complainant approached the Court and preferred the complaint under Sec. 138 of the Negotiable Instruments Act.

(3.) The complaint was resisted by the accused, who took the stand that he had given a blank cheque bearing his signatures, to the complainant as surety for one Shri Narayan Dass and the surety also was only for an amount of Rs.40,000.00. He further took the defence that though the cheque was bearing his signatures, yet neither the date nor the amount was in his handwriting. By way of the impugned judgment, the complaint stands dismissed and the accused stands acquitted.