NARINDER THAPPER Vs. SANTOSH KUMARI

JUDGEMENT

(1.) The instant revision, is, directed against the concurrently recorded verdict(s), by both the learned Courts below, whereby the accused was convicted and consequently sentenced, for his committing, an offence punishable, under Section 138, of the Negotiable Instrument Act.

(2.) The facts relevant to this case are that the complainant is the Agent of Life Insurance Corporation of India and also of Post Office Savings.

(3.) In the year 2002 and 2004, the accused had purchased the life insurance policy of his life and also of his daughter's life from the complainant. The accused had borrowed a sum of Rs. 2, 00, 000/- from the complainant in the month of December, 2007 and in lieu of that he issued a cheque bearing No. 878967 dated 26.2008 for Rs. 2, 00, 000/- in discharge of his said liability towards the complainant. The complainant presented said cheque before Punjab National Bank Moti Bazar for collection of the cheque amount on 27.6.2008 from where the cheque was sent for collection to the banker of the accused, but the same was sent for collection to the banker of the accused, but the same was dishonoured on the ground of "Exceeded Arrangements". The memo dated 30.6.2008 was issued to this effect. The said memo was received by the complainant on 1.7.2008. After receiptof the cheque and the memo, the complainant through his Counsel issued legal demand notice under Section 138 of Negotiable Instrument Act to the accused dated 7.7.2008 through registered post which was not intentionally received by the accused. While issuing the cheque the accused was fully aware and know that there was no sufficient funds in his bank account and he has committed fraud with the complainant. Therefore, it has been prayed that legal action be taken against the accused. The learned trial Court after recording the preliminary evidence summoned the accused and directed to furnish personal and surety bonds, which he had furnished.