RAMNATH Vs. JAGDISH PRASAD GARG

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the relevant evidence on record.

(2.) It is stated by the learned counsel for the petitioner that the complainant-respondent filed a complaint on 4th July, 1994 stating inter alia that the accused-petitioner took a loan of Rs. 1.35 lacs for promoting his business from the complainant on 12th February, 1994. The said amount was returned by way of two cheques of Rs. 75,000/- dated 23-5-94 and Rs. 60,000/- dated 28-5-94. When the same were presented to his bankers by the complainant, they were dishonoured with the remark "insufficient amount". Thereafter a legal notice was served on the accused by the complainant through his counsel but the accused did not reply.

(3.) Thereafter, on a complaint being filed, the learned Magistrate after recording the statement of the complainant, as per requirement of Section 200 Cr. P.C. took cognizance against the accused for offence under Section 138 B of the Negotiable Instruments Act 1881 on 11th August, 1994.