DOLMA DEVI Vs. ROSHAN LAL

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment passed by the Court of learned Sub-Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi, H.P. in case bearing Complaint No.208-1/2005, titled as Dolma Devi Versus Roshan Lal, in terms whereof, a complaint filed under Sec. 138 of the Negotiable Instruments Act by the present appellant was dismissed by the learned Court below.

(2.) Brief facts necessary for the adjudication of the present appeal are that the appellant/complainant (hereinafter to be referred as the 'complainant'), filed a complaint filed against the respondent under Sec. 138 of the Negotiable Instruments Act, on the ground that she had filed objections before the Land Acquisition Officer, Bilaspur against an award which was made in favour of the accused. During said proceedings, the parties arrived at a compromise and in terms of the compromise, a cheque for an amount of Rs.3,00,000.00was issued by the accused to the complainant, i.e. cheque No.0012360, drawn upon H.P. State Cooperative Bank, Branch Beri, at Bilaspur, H.P. The cheque was submitted by the complainant in Punjab National Bank, Jachh where she was having her account, on 7/3/2005, which was returned back on 24/3/2005 with remarks that the cheque was post dated. This was followed by issuance of notice as provided under Negotiable Instruments Act, but as even thereafter, the amount was not paid by the accused to the complainant, hence, the complaint.

(3.) The complaint has been rejected by learned Trial Court on two counts. The first count, on which the complaint has been rejected by the learned Trial Court is that the notice issued after the cheque was returned back as dishonoured, was no notice as contemplated under the provisions of Negotiable Instruments Act, as no demand of money was made therein. The second count, on which the complaint has been dismissed by learned Court below is that the cheque in issue was presented before the drawee bank after the due date, i.e. six months as from the date the cheque was issued.