PREM LAL Vs. MOHINDER

JUDGEMENT

(1.) The appellant is the complainant, who aggrieved by the order of acquittal of the respondent passed by the learned trial Magistrate has filed the instant appeal.

(2.) The case of the appellant is that the respondent had hired his JCB machine and tipper for executing the road work awarded to the respondent, towards which a sum of Rs.1,50,000/- became due and payable by the respondent. In order to discharge his liability, respondent on 15.4.2011 issued a cheque of Rs.1,50,000/- drawn on Jogindra Central Co-operative Bank Limited, Solan in favour of the appellant with an assurance that the same would be honoured on presentment. However, when the appellant presented the said cheque through his banker, State Bank of Patiala,Tattapani, the same was returned to him vide memo dated 5.10.2011 with remarks "exceeds arrangement". The appellant thereafter got a legal notice issued to the respondent on 20.10.2011, which was duly received by him, however he still failed to make the payment constraining the appellant to file the complaint under Section 138 of the Negotiable Instruments Act.

(3.) The learned trial Magistrate summoned the respondent and thereafter put notice of accusation to him on 2.6.2012, in which the respondent pleaded not guilty and claimed trial.