SES RAM Vs. REETA BHARDWAJ

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.3.2014 rendered by the Special Judicial Magistrate, Kullu in Criminal Complaint No. 166- 1/2011/33-1/2013.

(2.) "Key facts" necessary for the disposal of this appeal are that appellant filed a complaint against the respondent under section 138 of the Negotiable Instruments Act, 1881. According to the appellant, respondent has borrowed a sum of ' two lakhs from him. Respondent issued a cheque on 28.2.2011 bearing No.083767 amounting to ' two lakhs drawn on Dhalpur Branch of the State Bank of India. The cheque was presented to the bank for encashment on 3.3.2011. It was dishonoured by the bank on account of "insufficient funds". A legal notice was issued to the respondent on 4.3.2011. The trial court took cognizance of the matter vide order dated 13.7.2011. The substance of accusation was served upon the respondent on 30.4.2012. She pleaded not guilty and claimed trial.

(3.) The appellant has appeared as CW-1. He has tendered his evidence by way of Ex.CA. He has reiterated the stand taken in the complaint in Ex.CA. The appellant has placed on record Ex.C-1 to Ex.C-4. He was cross-examined. He did not know that the respondent was resident of Gandhi Nagar. He did not know from where she has obtained education. He did not know about the native place of respondent. He did not know about the house of respondent. He did not know about the occupation of the respondent.