TARA PATI Vs. MAMTA MALHOTRA

JUDGEMENT

(1.) Aggrieved by the rejection of his application moved under Section 91 and Section 311 Cr.P.C. in complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'Act') , the accused/ petitioner has filed the instant petition.

(2.) Brief facts of the case are that the complainant/respondent has filed a complaint under Section 138 of the Act against the petitioner/ accused alleging therein that the accused had issued a cheque No. 061559 dated 9.6.2011 of Rs.1, 10, 000/- towards the discharge of his legal debt and the same upon presentation was dishonoured on account of "funds insufficient". Thereafter, the notice was issued to the accused and since the accused did not pay the amount within the stipulated period, it constrained the complainant to file the aforesaid complaint.

(3.) The accused appeared before the learned trial Magistrate and pleaded not guilty and claimed trial. The complainant led evidence and thereafter the matter was fixed for evidence of the accused. But since no evidence was led, the same was closed vide order dated 22.2014. This order was assailed before this Court in Cr.MMO No. 125 of 2014 which was allowed and the aforesaid order was set-aside and the accused was afforded one more opportunity to lead evidence.