N.C. SAREEN Vs. MADAN VASUDEVA

JUDGEMENT

(1.) The present criminal appeal has been maintained by the appellant-complainant (hereinafter to be called as "the complainant") against the judgment dated 01.09.2009, passed by learned Judicial Magistrate First Class (1), Palampur, District Kangra, H.P., in Criminal Case No. 130-III/2008, whereby the complaint under Section 138 of the Negotiable Instruments Act (hereinafter to be called as "the Act"), has been dismissed.

(2.) Succinctly the facts giving rise to the present appeal are that the complainant filed a complaint against the respondent- accused (hereinafter to be called as "the accused") under Section Whether reporters of Local Papers may be allowed to see the judgment? Yes. 138 of the Act, wherein it has been alleged the complainant has been running a shop under the name and style of General Sales Agency, Cinema Road, Palampur and the accused had purchased certain articles from the complainant. In order to make the payment and liquidate his legal liability, the accused issued cheque No. 401428, dated 11.10.2007 for Rs. 20,000/- and cheque No. 401432, dated 11.10.2007 for Rs. 10,000/- drawn at State Bank of India, Palampur in favour of the complainant. After receipt of the cheques, the complainant presented the same in his bank, i.e. State Bank of India, however, the cheques were dishonoured by the banker of the accused, which was communicated to the complainant through memo, dated 27.11.2007. Thereafter, the complainant requested the accused to make the payments of cheque amount and when the accused did not respond to the request of the complainant, the complainant issued legal notice, dated 07.12.2007 to the accused. As per the complainant, the accused had intentionally and willfully issued the aforesaid cheques to the complainant knowing fully well that he has no such account with the banker, as such, he is liable to be punished under Section 138 of the Act. The learned trial Court after recording preliminary evidence, summoned the accused under Section 138 of the Act, on appearance of the accused in the Court, he was put with notice of accusation, the statement of the accused under Section 313 Cr. P.C. was recorded, wherein he denied all incriminating evidence led against him. In defence, the accused has examined two witnesses.

(3.) The learned trial Court, vide judgment dated 01.09.2009, dismissed the complaint filed by the complainant and acquitted the accused for the commission of offence punishable under Section 138 of the Act, hence the present appeal.