JUDGMENT

H. S. Madaan, J —Complainant Udesh Kumar had filed a complaint under Section 138 of the Negotiable Instruments Act against accused Vijay Kumar, on the allegations that the complainant had advanced a sum of Rs. 5 lacs to the accused as a friendly loan on 1.1.2015 for a period of 8 months. The complainant had withdrawn the said amount from his bank account of Oriental Bank of Commerce. Later on as per repeated requests of the complainant, accused issued two cheques bearing No. 000050 dated 8.8.2015 in the sum of Rs. 2 lacs and No. 000004 dated 25.8.2015 in the sum of Rs. 3 lacs, both drawn on HDFC Bank, Sector 9, Faridabad, in favour of the complainant. However, on presentation, both the cheques were returned un-paid due to insufficiency of funds in the account of the accused and complainant was informed in that regard vide bank return memos dated 28.8.2015. thereafter, complainant got served legal notice dated 3.9.2015 upon the accused sent as per registered AD post, but accused did not make any payment within the stipulated period, as such the complainant filed a complaint in the Court of law.

2. After recording of preliminary evidence, the accused was summoned to face tria