PREM SINGH Vs. KIRAN PRAKASH

JUDGEMENT

(1.) The instant appeal, stands directed, by the respondent/complainant, against the judgment rendered by the learned Adll. Chief Judicial Magistrate, Kasauli, District Solan, H.P. in complaint No. 139/3 of 2018/16, whereupon, he returned findings of acquittal, upon the accused/convict, in respect of charges framed, under, Section 138, of, the Negotiable Instrument Act.

(2.) The facts relevant to decide the instant case are that in the month of January, 2015, accused borrowed a sumof Rs. 2,50,000/- from the complainant for his business/contractual work and in order to discharge his liability towards the complainant, the respondent/accused issued cheque bearing No. 871328, amounting to Rs. 2,50,000, dated 9.12.2015, drawn on Jogindra Central Co-operative Bank Ltd. Dharampur, Tehsil Kasauli, District Solan with the assurance that the said cheque under all circumstances would be honoured and encashed on its presentation in the bank. As per the assurance given by the accused, the complainant presented the said cheque in the bank for its encashment and the bankers of the complainant informed the complainant vide memo dated 23.12.2015, alongwith memo of the respondent bank dated 21.12.2015 that the said cheque has been dishonoured due to insufficient funds in the account of the respondent/accused. The respondent/accused was informed about the same by the complainant but he flatly refused to make the payment and thereafter the complainant got issued a legal notice to the respondent/accused through his counsel on 12.1.2016 but despite the service of notice, the respondent failed to pay the cheque amount within the stipulated period. With these averments the complainant seeks that the respondents/accused be tried and punished in accordance with law.

(3.) On perusing the preliminary evidence, adduced by the complainant, the Court, of, the learned JMIC, Kasauli, took cognizance, against the accused, and, the accused was summoned. Notice of accusation was put to the accused, on 31.1.2017, qua commission of an offence, under, Section 138 of the Negotiable Instruments Act, whereto he pleaded, not guilty, and claimed trial. The complainant in support of his contention, examined himself, as, CW-1, and, also examined CW-2 Harish Sharma, Branch Manager, Jogindra Central Bank, Parwanoo. After closure of complainant s evidence, the statement of the accused, was recorded, under Section 313 of Cr. P.C., wherein, the accused claimed innocence, and, pleaded false implication, in the case, and, thereafter examined, one witness, in defence.