“2.The facts, in brief, are that the accused took a cash loan of Rs.50,000/- from the complainant, on 10.9.999 and in lieu thereof, executed the pronote and receipt of the even date, in his favour. He also issued a cheque worth Rs.50,000/-, dated 10.2.2000, bearing No. 367742, drawn on the State Bank of Patiala, Goraya, in favour of the complainant, to discharge his outstanding liability. The said cheque was duly signed by the accused, in the presence of the complainant. When the said cheque was presented before the Banker, it was dishonoured with the report “Insufficient funds” in the account of the accused. A legal notice was issued to the accused, on 9.3.2000, through his counsel. The said notice was duly served upon the accused on 11.3.2000. The accused was called upon through the said notice, to make the payment of the cheque amount, within 15 days from the receipt thereof. He, however, did not make the payment, within the stipulated period. Thereafter, a complaint under Section 138 of the Negotiable Instruments Act, (Amended uptodate), was filed.”
