One of my friend Gurmohan given a friendly loan of Rs,12lac to me, few year back on interest, without any agreement. He always took interest on monthly basis. I returned half amount through bank. Now i am unable to return his money and need more time. One of my friend Rakesh take my security and issued him a cheque of Rs,6.65lacs post dated as security. But before the cheque date he presented the cheque in his bank, cheque bounce due to stop payment. Now he filled a caseunder 138 of cheque on him.
THIS IS COMPLAINT
Gurmohan Singh Versus Rakesh Kumar Dhingra
Present: Complainant with Sh.Ravneet Singh Sarna, Advocate
Complaint received by way of allocation. It be registered.
CW-1 is present and examined and thereafter, complainant closed his
Heard. Complainant has stepped into the witness box as CW1
and narrated the whole sequence of events in minute details through
affidavit EX.CA/1 as got detailed by him/her in the written complaint.
He/She placed on the record the documents, i.e., original cheque, bank
memo, copy of legal notice and postal receipt as Ex. C1 to Ex.C4
After perusing the statement of CW1 and the documents
placed on record by his/her in support of his/her submissions, I find that
there are sufficient ground to proceed against the accused under section
138 of the Negotiable Instruments Act. Accordingly, accused Rakesh
Kumar Dhingra s/o Sh. Ved Parkash, r/o 756, Guru Gobind Singh
Avenue, Jalandhar is ordered to be summoned to face trial for the above
said offence on filing of PF/RC/AD and copy of complaint within 3 days
for 08.01.2015. In addition to it, separate notice be also sent to the
accused through registered cover as envisaged under section 144 of the
Act. Accused be apprised of his/her right of plea of bargaining as
mentioned in Chapter-21A of Criminal Procedure Code, 1973, on the
summons sent to him/her.
Pronounced Mamta Kakkar,PCS,
03.12.2014 JMIC, Jalandhar
want to know some things :
1. Gurmohan has no transaction/ business transaction with Rakesh.
2. We already have bail of Rakesh.
3. He has no bank transaction with him.
4. He threating us foir recovery suit.
5. we have telephone recording where we talked same that Mr. Rakesh Never take single Rupees from him, this was only security cheque.
Kindly guide us.