CHOUDHARY PIARA SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) This appeal by the appellant ["the complainant"] is directed against the judgment dtd. 28/9/2017 passed by the learned Special Railway Magistrate, Jammu ["the trial Court"], in Complaint No.77/Comp titled 'Choudhary Piara Singh v. Kuldeep Singh', whereby the complaint filed by the complainant was dismissed and the respondent/accused was acquitted of the charge of offence punishable under Sec. 138 of NI Act.

(2.) Before the grounds of challenge urged by appellant to assail the impugned judgment are adverted to, it is necessary to first allude to case set up by the appellant-complainant in the complaint filed under Sec. 138 of Negotiable Instruments Act, against respondent/accused.

(3.) As per the appellant-complainant, the respondent-accused took a loan from the complainant's Corporation, namely, M/S Good Luck Finance Corporation, Hire Purchase Financer, 8-B, Nehru Market, Jammu, for purchase of a vehicle (Truck) bearing Registration No.DL1G-3203. The respondent failed to repay the loan amount and as such, issued cheque No.132481 for an amount of Rs.1,52,781.00 in favour of M/S Good Luck Finance Corporation on 31/1/2007 drawn at Citizens Cooperative Bank Limited, Warehouse, Jammu. The aforesaid cheque was presented by the complainant for clearance through Jammu and Kashmir Bank Limited, Branch Nehru Market, Jammu but the same was dishonored and returned on 11/4/2007 with the memo 'insufficient funds'. Legal notice was sent to the respondent-accused through registered postal service, but the same was returned with the remarks "addressee refused redirected to sender". The appellant-complainant contended that despite service of notice, accused failed to make payment, which constrained him to file the complaint.