RAJBIR SINGH Vs. GEETA DEVI

JUDGEMENT

(1.) The complainant/victim, is aggrieved, by the pronouncement, of, an order, of acquittal by the learned trial Court, vis-a-vis the accused, upon, Cr. Case No. 1412/3 of 2014/2013.

(2.) The facts relevant to decide the instant case, are that the complainant lent a sum of Rs.1 lac to the accused in the month of September, 201 This amount was to be repaid within one year. He further lent a sum of Rs.72, 000/- to the accused in the month of March, 2013, amount whereof was to be repaid within six months. The aforesaid amounts was advanced in presence of Smt. Pushpa Devi w/o Shri Chet Ram, r/o Sant Niwas, Ambedkar Colony, Dhalli, District Shimla. The accused gave an undertaking for a sum of Rs.1 lac out of the total amount. The complainant also submits that he also arranged a sum of Rs.3 lacs for accused on her request, made, through Smt. Pushpa Devi. He further submits that when he demanded the aforesaid amount, the accused issued a cheque No.072825 of 15.09.2013, in his favour, drawn at Allahabad Bank, Shimla, amount to Rs.1, 72, 500/-. The said cheque was returned unpaid on 9.10.2013 with remarks "funds insufficient". The complainant served a legal notice upon the accused through registered post and it was replied by the accused, however, she failed to defray the cheque amount. Hence the complaint.

(3.) A notice of accusation, was, put to the accused by the learned trial Court, for hers, committing an offence punishable under Section 138 of the Negotiable Instruments Act. In proof of his case, the complainant examined 2 witnesses. On conclusion of recording, of, the complainant's evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the learned trial Court, wherein, the accused claimed innocence, and, pleaded false implication, besides she examined two witnesses in her defence.