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2022 Supreme(P&H) 1675

VINOD S. BHARDWAJ
Pamod @ Parmod Kumar – Appellant
Versus
Geeta Devi – Respondent


Advocates appeared:
Mr. Subhash Godara, Advocate, for the Appellant.

JUDGMENT

Vinod S. Bhardwaj, J. (Oral) - The present appeal has been filed against the judgement dated 21.02.2019 passed by Sub Divisional Judicial Magistrate, Siwani in Criminal Case No.200-II of 2017 titled as 'Pamod Kumar Vs Smt. Geeta Devi' whereby the respondent-accused has been acquitted of the charges levelled against her.

2. The brief facts of the case are that the appellant-complainant and respondent-accused are stated to have shared cordial and friendly relations and therefore, the respondent-accused borrowed a sum of Rs. 6,00,000/- from the appellant-complainant and respondent-accused, in discharge of her legal liability, issued a cheque No. 556532 dated 12.07.2017 for an amount of Rs. 6,00,000/- in favour of the appellant-complainant from her bank account No. 30210204809 drawn on SBI, Hisar. The cheque was presented to drawee bank but same was returned unpaid with remarks 'Account Closed' vide memo dated 14.07.2017. Thereafter, a notice was served upon the respondent-accused on 01.08.2017 but the respondent-accused had not paid the amount of the cheque. The complaint under Section 138 of the Negotiable Instruments Act, 1881 was thus instituted.

3. After preliminary evidence

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