TARAPATI Vs. TEJ MANI

JUDGEMENT

(1.) Instant petition filed under S.482 CrPC, is directed against order dated 30.4.2019 passed by learned Additional Sessions Judge-II, Mandi, Himachal Pradesh in Cr. Revision Petition No. 13/2014, affirming order dated 24.4.2014 passed by learned Judicial Magistrate, Mandi, District Mandi, HP in complaint No. 752-iii/2013 (II).

(2.) Briefly stated the facts as emerge from the record are that the respondent-complainant(hereinafter, 'complainant) initiated proceedings under S.138 of the Negotiable Instruments Act in the court of Special Judicial Magistrate, Mandi, alleging therein that the petitioner-accused (hereinafter, 'accused'), with a view to discharge his liability, issued two cheques bearing Nos. 141019 dated 3.6.2011 for a sum of Rs.30,000/- and No. 141018 dated 15.6.2011 for a sum of Rs.37,000/-, however, on presentation, both the cheques were dishonoured on account of insufficient funds in the account of the accused. Since accused despite having received legal notice, failed to make the payment good within the period prescribed in the legal notice, complainant was compelled to initiate proceedings under S.138 of the Act ibid.

(3.) During pendency of the proceedings, as referred herein above, accused filed an application under S.243 CrPC, averring therein that a sum of Rs.60,000/- out of total Rs.67,000/- stands duly paid to the complainant, who, in turn has issued receipt but since the complainant is now denying receipt of the amount referred to herein above, admitted signatures of the complainant may be sent to the Handwriting Expert for comparison with his signatures on the receipt.