VIJAY KUMAR SOOD Vs. BIRENDER CHAUHAN

JUDGEMENT

(1.) The instant petition has been filed for the grant of following substantive relief :

(2.) As per the petitioner, in the year 2015, he approached the complainant (respondent herein) and requested him to grant a loan of Rs.1,50,000.00 (Rupees one lac and fifty thousand only) to purchase the goods for his shop and assured that the amount will be returned to him as early as possible. Thereafter, the petitioner issued a post dated cheque bearing No.580690, dtd. 25/1/2016 amounting to Rs.1,50,000.00 (Rupees one lac and fifty thousand only) of State Bank of India, Branch Jubbal, District Shimla, when the said cheque was presented in the Bank, the same was returned back with the remarks 'Insufficient funds '. The complainant issued a legal notice to the petitioner-accused, which was duly received by him, vide acknowledgement dtd. 5/2/2016. Hence, the instant petition.

(3.) Learned counsel for the petitioner has strenuously argued that the instant complaint is liable to be dismissed and the proceedings pending before the learned Court below are required to be quashed for the simple reason that the cheque, which is alleged to have been issued was not inter city cheque and it shows that the cheque was of the earlier date. He has argued that as the cheque was not dishonoured for the reason that there was insufficient funds, so the instant petition is liable to be quashed. On the other hand, learned counsel for the respondent has vehemently argued that the cheque was issued for its liability and the same was dishonoured by the Bank, which fact has come on record in the statement of Shri Parmod Singh, Official of the Bank that the cheque was dishonoured on account of insufficient funds.