MOHINDRA HIRE PURCHASE Vs. JARNAIL SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court dismissing the application filed by the appellant in terms of Section 378(4) of the Code of Criminal Procedure, 1973 (in short the 'Code'). Appellant had lodged a complaint alleging that cheques issued by the respondents were not honoured by the Bank and in spite of service of notice to the respondent demanding repayment of loan amount, the respondent failed to pay the amount. A complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short the 'Act') was filed before the learned Chief Judicial Magistrate, Jalandhar, in Complaint Case no.61 of 1998. The said Complaint Case was dismissed by the learned Chief Judicial Magistrate. As noted above, petition in terms of Section 378 (3) of the Code was filed, seeking leave to file appeal before the High Court, which by the impugned judgment dismissed the same.

(2.) Learned counsel for the appellant submitted that the order passed was a cryptic one and no reasons have been indicated for not granting leave to file an appeal.

(3.) There is no appearance on behalf of the respondent in spite of service of notice.