- (1.) This appeal has been directed by Kamla Rani against order dated 1.2.1995 passed by the Chief Judicial Magistrate, Faridkot, whereby her complaint under Section 138 of the Negotiable Instruments Act, 1881 was dismissed and the respondent was discharged.
(2.) Briefly stated, the facts are that Smt. Kamla Rani instituted a suit for dissolution of the firm known as M/s. Sajjan Filling Station. However, on the intervention of the respectables, compromise took place between the appellant and the respondent in the month of October 1993 and the respondent agreed to pay Rs. 4,60,000/- in full and final settlement of the claim of the appellant in the firm. In view of the compromise, the appellant agreed to withdraw the suit.
(3.) In part performance of that compromise the respondent issued cheque dated 20.11.1993 for Rs. 2,10,000/- in her favour. She presented that cheque in Punjab National Bank, Kotkapura, for clearance but she received intimation from her bankers on 10.12.1993 that the cheque was dishonoured as there was insufficient amount in the account of the respondent to clear that cheque. Upon the receipt of the cheque, the appellant gave notice on 27.12.1993 but inspite of receipt of that notice, the respondent did not pay the amount. Hence, the complaint was filed.;