BALDEV SINGH PATYAL Vs. JAI BHARAT FURNITURE

JUDGEMENT

(1.) A holder of cheque, who on failure to encash the same, filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (after now referred to as "the Act') and aggrieved by the acquittal and discharge of the accused, came up before this Court by filing the instant appeal.

(2.) Vide memo Ex.C-5, the banker informed the complainant that they could not honour cheque No.874178, dtd. 12/9/2006, amounting to Rs.1,50,000.00 because of the insufficient funds in the account of the drawer. Such endorsement Ex. C-6 was conveyed by the banker, State Bank of India to the complainant vide memo Ex.C-5. After that the complainant sent a legal notice Ex.C- 1 to the drawer of the Cheque M/s Jai Bharat Furniture House, respondent herein, requesting them to clear the payment of Rs.1,50,000.00 within fifteen days. The said legal notice was sent through speed post, receipt of which is tendered in evidence as Ex.C-2 and the acknowledgement as Ex.C-3.

(3.) On non- receipt of the payment within the stipulated time, the appellant filed a criminal complaint before the concerned Court under Sec. 138 of the Act, against the respondent-accused.