BHOOP SINGH Vs. SONI KUMAR

JUDGEMENT

(1.) The instant appeal, stands directed, by the appellant/complainant, against, the judgment rendered by the learned Judicial Magistrate, 1st Class, Arki, District Solan, H.P. in complaint No. 251-3 of 2015, whereupon, he returned findings of acquittal, upon, the accused/convict, in respect of charges framed, under, Section 138, of, the Negotiable Instrument Act.

(2.) Briefly stated, the case of the complainant is that in the third week of August, 2019, the accused approached him for a financial help of Rs. 5,00,000/- for his personaluse. The complainant advanced a sum of Rs. 5,00,000/- to the accused on his assurance that he would return the same within one month. Thereafter on completion of one month, the accused in discharge of his aforementioned liability issued a cheque bearing No. 051632, dated 27.9.2015, amounting to Rs. 5,00,000/- drawn on an account maintained by him with Punjab National Bank, branch Darlaghat, Tehsil Arki, District Solan, in favour of the complainant with the promise that the same would be honoured on presentation. The complainant presented the said cheque for encashment in his bank i.e. Jogindra Central Co-operative Bank Limited, branch Darlaghat, Tehsil Arki, District Solan, on 1.10.2015, but the same was dishonoured due to insufficient of funds in the account of the accused vide dishonour memo dated 5.10.2015. Thereafter, a legal notice was sent by the complainant to the accused on 7.10.2015, requesting the accused to make payment of Rs. 5,00,000/- which notice was sent through RAD to the accused vide postal receipt and the same was served upon the accused on 13.10.2015. However, despite service of notice, the accused failed to make payment mentioned in the notice within the stipulated period, i.e. 15 days from the date of receipt of notice. Hence, the present complaint was filed against the accused.

(3.) On perusing the preliminary evidence, adduced by the complainant, the learned trial Court, took cognizance, against the accused, and, the accused was summoned. Notice of accusation, was put, to the accused, 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, the complaint, examined himself, as, CW-1, and, closed his evidence. 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, however, did not lead defence evidence.