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4. Upon a prima facie consideration of pre-summoning evidence, Ct No.9821/2020 Pramod Kumar v. Mandeep Singh 2 cognizance of offence under section 138 NI Act was taken and the accused persons were summoned. Thereafter, separate notice explaining the accusation was put to the accused under section 251 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') to which he pleaded not guilty and claimed trial. At this stage the accused admitted his signatures but denied having filled the material particulars. He stated that he did not receive the legal demand notice and neither the address mentioned thereon belonged to him. In his defence he stated that -

5. The complainant examined himself as CW1 and adopted his pre-summoning evidence as his post summoning evidence and relied on his evidence by way of affidavit Ex CW1/H and on the following documents i.e. ● Ex. CW1/A (cheque in question) ● Ex. CW1/B (returning memo) ● Ex. CW1/C (legal demand notice) ● Ex CW1/D & Ex CW1/E (postal receipt) In record this figure is mentioned as " 5,0000/-". Presumably, a typographical error. Ct No.9821/2020 Pramod Kumar v. Mandeep Singh 3 ● Ex CW1/F & Ex CW1/G (tracking reports)

Ct No.9821/2020 Pramod Kumar v. Mandeep Singh 4

9. Per contra, written submissions were filed on behalf of the accused and the following grounds have been agitated ● That the accused never received the legal demand notice as the address mentioned thereon is incorrect. ● The accused had taken a loan of only Rs 5,000/- on interest and has already returned a sum of Rs 2,500/- to the complainant. At present the liability of the accused is only Rs 5,000/- towards the complainant. ● The complaint has been filed beyond the period of limitation.

● The complainant did not place on record any complaint made by him against the accused under section 420 IPC It was prayed that the accused be acquitted.

Legal Position:-

10. Before proceeding further to reflect upon the defence and Ct No.9821/2020 Pramod Kumar v. Mandeep Singh 5 evaluation of evidence, the foremost check point is whether the facts averred by the complainant fulfil the basic statutory requirement for constituting an offence under section 138 NI Act. To establish the offence under Section 138 of the NI Act against the accused, the complainant must prove the following:-