M S HARCHAND Vs. PREM NATH DHAWAN

JUDGEMENT

(1.) -APPLICANT M. S. Harchand filed a complaint against respondent Prem Nath Dhawan before the Judicial magistrate 1st Class, Pathankot, under Section 138 of the Negotiable instruments Act, 1881. It was alleged that the respondent had issued a cheque dated November 24, 1992 for a sum of Rs. 10,000/- which had been dishonoured by the Bank of India, Pathankot, on May 22, 1993. This had happened on account of insufficient funds. The complainant claimed to have issued a legal notice. The respondents having failed to make the payment, he filed the complaint. The Trial Court accepted the complaint and held the respondent guilty.

(2.) AGGRIEVED by the order of conviction, Prem Nath Dhawan filed an appeal. The Sessions Judge having accepted the appeal, the complainant has filed this application for the grant of special leave to appeal.

(3.) WE have heard Counsel for the parties.