PRABHU DAYAL SHARMA Vs. SURAJ MANI

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment rendered by the learned Judicial Magistrate 1st Class, Manali, District Kullu, Himachal Pradesh, whereby he dismissed the complaint instituted there-before under Section 138 of the Negotiable Instruments Act by the complainant.

(2.) The brief facts of the case are that complainant and the accused were known to each other and in the month of October, 2008 the accused approached the complainant for financial help for his personal use and domestic needs and the accused had borrowed a sum of Rs.2,00,000/- from the complainant and in discharge of his liability the accused has issued and handed over a cheque amounting to Rs.2,00,000/- drawn on the Himachal Pradesh State Cooperative Bank Limited, branch Balichowki in favour of the complainant. As per the complainant, on presentation, the said cheque was returned being dishonoured vide memo dated 001.2009 with remarks insufficient funds. As per the complainant, even after issuance and receipt of legal notice no payment was made by the accused. After recording of preliminary evidence Court of the Judicial Magistrate 1st Class, Manali, took cognizance against the accused and notice of accusation under Section 138 of the Negotiable Instruments Act was put to the accused to which he pleaded not guilty and claimed trial.

(3.) In order to prove its case, the complainant examined himself as CW-1. On closure of complainants evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication. He chose to lead evidence in defence.