RAM CHAND Vs. RAFEE MOHAMMAD

JUDGEMENT

(1.) The complainant is the appellant, who aggrieved by the dismissal of his complaint under Sec. 138 of the Negotiable Instruments Act (for short the 'Act'), has filed the instant appeal.

(2.) Briefly stated the facts of the case are that the appellant was running the business in the name and style of Ankit Hire Purchase Pvt. Ltd., at Ghurmarwin, District Bilaspur, of which, the petitioner was Managing Director at one point of time. It was alleged that the appellant and respondent were well known to each other and were having good terms. On 12.12.2012, the respondent visited the business premises of the appellant and requested for a sum of Rs.5,00,000.00 for his personal requirement. The appellant withdrew the amount from his account in Dadhol Agriculture Co-operative Society, Padyalg and gave the amount to the respondent, who in lieu thereof issued two cheques bearing number 654832 dated 19.12.2012 amounting to Rs.3,00,000.00 and another cheque dated 27.12.2012 amounting to Rs.2,00,000.00, which on presentation by the appellant were returned back unpaid with the remarks "insufficient funds". Thereafter, the appellant issued a legal notice to the respondent, yet the payment was not made constraining him to file complaint under Sec. 138 of the Act.

(3.) In support of his complaint, the appellant examined three witnesses, but the learned trial court after recording the evidence and evaluating the same dismissed the complaint vide judgment dated 1.3.2018 on the ground that the appellant had failed to prove his case beyond shadow of doubt.