JARAM SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE complainant has come in appeal against the judgment dated 18. 10. 2001, passed by the learned additional Chief Judicial Magistrate, nurpur, District Kangra, Himachal pradesh, dismissing Criminal Complaint no. 213-111/98.

(2.) THE brief facts of the case are that the appellant sold Khair trees to respondent for a consideration of Rs. 68,200. The respondent had paid Rs. 6,000 in advance as earnest money on 31. 12. 1997. The respondent for the balance amount issued a cheque of rs. 62,200 drawn on State Bank of Patiala, nurpur. The appellant on 3. 1. 1998, personally presented the cheque in the said Bank but the cheque was returned with the objection payment stopped by the drawer and 'insufficient funds' in the account of the respondent. On 13. 1. 1998 the appellant served registered notice to respondent calling him to make the payment within 15 day from the date of notice, it was not delivered to respondent as he was out of station and notice was returned undelivered to the appellant on 20. 1. 1998. On 22. 1. 1998, the respondent personally approached Shri R. S. Verma, Advocate for the appellant and on his request a carbon copy of notice dated 13. 1. 1998 was supplied to the respondent and his signature was obtained. The respondent did not make the payment. The appellant filed the complaint on 2. 2. 1998.

(3.) THE learned Additional Chief Judicial magistrate after recording preliminary evidence vide order dated 18. 6. 1998 summoned the respondent under Section 138 of the negotiable Instruments Act, 1881. The notice of accusation was put to respondent on 12. 11. 1998. The appellant led his evidence and the respondent was examined under section 313 Cr. P. C. The learned Additional chief Judicial Magistrate framed the following two points for determination: