RAM LAL Vs. SUDARSHAN BHALLA

JUDGEMENT

(1.) The appellant is the complainant, who aggrieved by the acquittal of the respondent in a case instituted by him under Section 138 of the Negotiable Instruments Act (for short the 'Act'), has filed the instant appeal.

(2.) It is averred that the appellant and respondent were having friendly relations as the respondent was doing the business of fast food and milk made items, whereas the appellant was supplying milk to him for the aforesaid purpose. After settlement and reconciliation of accounts, the respondent issued cheque No.275900 dated 31.8.2011 amounting to Rs.2,20,000/-payable at Kangra Co-operative Bank Ltd. Branch Office, Katrain. However, the same was dishonoured due to "insufficient funds" in the account of the respondent. Thereafter, the appellant issued a statutory legal notice to the respondent on 13.10.2011, which was duly replied by the respondent wherein it was alleged that cheque book of the respondent from serial Nos. 275893 to 275900 was misplaced.

(3.) After recording the preliminary evidence, the respondent was summoned; notice of accusation under Section 138 of the Act was put to the respondent, to which he pleaded not guilty and claimed trial.