1. This appeal is directed against the judgment passed by the learned Sub Judge, Judicial Magistrate, Ist Class, Jammu in a file No. 9/Criminal dated 27-3-95. By means of impugned judgment, learned trial Court had dismissed the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act and 420, RPC.

2. As per case of the appellant, respondent had issued six cheques of different amounts between 18-11-91 to 23-12-91. When these were presented for encashment, those were dishonoured. Amount covered by cheques related to purchase of hosiery goods and readymade garments by respondent from the appellant towards the price of such articles. Appellant further alleges that he was assured by respondent that whenever cheques are presented those would be encashed.

3. It is in these circumstances appellant was induced to part with the goods. This was also alleged to be the result of dishonest intention of the respondent who never intended to pay the amount. This plea was strengthened because the respondent had no account in the bank and cheques were returned with the memo "Refer to drawer".

4. Appellant claims that first notice was issued on 25-2-92 which could not be se

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