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TMI Blog2021 (2) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... which was dishonored due to insufficient funds. Learned counsel appearing for opposite party no. 2 has also disclosed the fact that amount in question was payable to him by the applicant. He has also stated that opposite party no. 2 had duly informed the applicant about the dishonour of the cheque and the applicant had not made by response to the said notice, pursuant to which complaint was filed and summons were issued to the applicant. It is clear that prima-facie case under Section 138 of Negotiable Instruments Act is made out against the applicant and during trial the applicant shall have full opportunity to lead evidence in his defense, but on the application for discharge mini trial cannot be conducted and unless it is proved in ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been submitted by the learned counsel of the applicant that the complainant was lodged by the opposite party no. 2, under Section 138 of the Negotiable Instruments Act. In the said complaint it was alleged that the complainant had given large sums of money to the applicant between 2009-2013. The applicant had repaid the said amount to the complainant by means of cheque number 21002263 dated 22/05/2015 for an amount of ₹ 8 lakhs in favour of the complainant. When the said cheque was presented by the complainant to his banker, the same was returned with the remarks fund is insufficient . Consequently on 27/05/2015 the complainant send a notice by registered post through his counsel to the applicant which was returned with the remark t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Negotiable Instruments Act. 7. The counsel for the private respondent vehemently opposed the application and submitted that a clear case of an offence under Section 138 of the Negotiable Instruments Act has been made out against the applicant inasmuch as, the cheque issued by the applicant has been dishonoured due to insufficiency of funds and subsequently as mandated under the provisions legal notice is also given to the applicant to which he did not respond and nor any payment has been made. He submitted that there is no infirmity in the order passed by the trial Court rejecting the application for discharge and also in the revision and order impugned in the present application and therefore prayed for dismissal of the applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no. 2 has submitted that it was an after thought that a report was lodged with the Police with regard to theft of bag by the applicant and in case the cheque has been lost as alleged by the applicant, then in normal circumstances applicant would had informed his banker and made a request for stopping payment, but this was not done, which clearly demonstrates that the story as stated by the applicant has only been set up in his defense as an after thought. 12. In the present case specific and serious allegations have been levelled by the complainant by unequivocally stating that he had been given a cheque by the applicant which was dishonored due to insufficient funds. Learned counsel appearing for opposite party no. 2 has also disclosed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ately dishonored. The revisional Court has also recorded the fact that the applicant has admitted his signatures on the cheque. The Court below has also considered the fact that the applicant is a retired teacher and is doing constructions work due to which between 2009-2013, he was paid by the opposite party no. 2. The applicant in order to discharge his debt had given a cheque of ₹ 8,00,000/- to opposite party no. 2 which was duly presented by him to his banker and was subsequently dishonored. 16. The information regarding dishonour of cheque was duly given by opposite party no. 2 to the applicant in the form of legal notice, at his correct address, but the applicant did not responded to the same. It has also been considered by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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