SHAM SUNDER,J - (1.) THIS appeal is directed against the judgment dated 15.7.2005 rendered by the Court of Shri A.S. Grewal, Addl. Chief Judicial Magistrate, Ropar, vide which it acquitted accused, Usha Bansal, for the offence, punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called as 'the Act' only).
(2.) THE facts, in brief, are that the accused was in need of money and she approached the complainant, and borrowed a sum of Rs. 80,000/- from him. She promised to return the said amount, to the complainant, on demand. Thereafter, the complainant approached and requested the accused several times to return the amount, but she (accused) put him off, on one pretext or the other. Ultimately, the accused issued a cheque bearing No. 449545 dated 8.4.2002 of Punjab National Bank, Branch Kurali, in the sum of Rs. 80,000/-, in favour of the complainant. When the complainant presented the said cheque, in his Bank, i.e. Oriental Bank of Commerce, for encashment, the same was dishonoured by the Punjab National Bank with the remarks "insufficient funds". Thereafter, the complainant issued a legal notice dated 8.4.2002 to the accused, but she did not repay the amount of the cheque. Ultimately, a criminal complaint was filed by him. On appearance of the accused, she was supplied the copies of documents, by the Trial Court. Notice under Section 138 of the Act, was served upon the accused, to which she pleaded not guilty and claimed trial.
(3.) THE complainant, in support of his case, examined Narinder Kumar Jain, Computer Operator, Punjab National Bank, Kurali, (CW-1), Dharminder Kumar, clerk of Oriental Bank of Commerce, (CW-2), and himself appeared in the witness-box as (CW-3). Thereafter, he closed his evidence.;