GEETA RAM Vs. KISHORI LAL SHARMA

JUDGEMENT

(1.) Aggrieved by the acquittal of the respondent in a case instituted under Section 138 of the Negotiable Instruments Act (for short the 'Act'), the appellant/complainant has filed the instant appeal on the ground that the findings recorded by the learned Court below are perverse.

(2.) In order to decide the question of perversity, certain minimal facts need to be noticed.

(3.) The appellant/complainant filed a complaint that the respondent was a contractor and had approached him for purchasing of land at Mohal Luharab, Tehsil and District Shimla, H.P. as at the relevant time he had been selling these plots. In lieu of sale consideration of Rs.5,00,000/- and for development of plot the amount was assessed at Rs.1,00,000/-, the respondent issued two cheques dated 01.09.2015 for Rs.3,00,000/- each in favour of the complainant. However, when they were presented for encashment, the same were dishonoured on the ground "exceeds arrangement". The appellant thereafter issued legal notice and when the payment was not made, he filed a complaint under Section 138 of the Act.