MOHINDER KUMAR Vs. MAST RAM PATHAK

JUDGEMENT

(1.) The appellant is the complainant, who aggrieved by the order of acquittal passed by the learned trial Magistrate on 20.11.2017 in a complaint under Section 138 of the Negotiable Instruments Act (for short the 'Act'), has filed the instant appeal.

(2.) Taking into consideration the nature of the order I propose to pass, it is not necessary to delve into the facts in detail save and except that in the complaint filed by the appellant it was averred that the respondent/accused was a good friend and had requested for financial assistance of Rs.1,80,000/- which was required by him for running his business smoothly and properly. The complainant arranged this amount and handed over the same to the respondent. The respondent in turn issued cheque bearing No.523642 on 5.7.2014 amounting to Rs.1,80,000/-drawn at State Bank of India, Branch at Kali Bari, Shimla in favour of the complainant. Upon presentation of the cheque by the complainant in his bank Axis Bank, Ltd SDA Complex, Kasumpti, Shimla on 30.8.2014, the same was dishonoured on account of 'insufficient funds'. The complainant sent legal notice on 6.9.2014, but despite service thereof, the respondent/accused did not make the payment, constraining the complainant to file the complaint under Section 138 of the Act.

(3.) On the basis of preliminary evidence led by the complainant, the respondent/accused was summoned and claimed trial by pleading not guilty.