SATINDER KUMAR Vs. GURVINDER SINGH

JUDGEMENT

(1.) COMPLAINANT -Satinder Kumar filed a complaint under Section 138 of the Negotiable Instruments Act ('the Act' for short) against accused-Gurvinder Singh respondent. Vide judgment dated 10.9.2008 passed by the Chief Judicial Magistrate, Faridkot respondent was acquitted of the charge framed against him. Hence, the complainant-appellant has filed this application under Section 378(4) of the Code of Criminal Procedure for grant of leave to file an appeal against the order mentioned above.

(2.) BRIEF facts of the case, as noticed by the trial Court, in para 1 of its judgment, are reproduced here in below:- " l, Satinder Kumar complainant has filed this complaint against CRMA No. 61-MA of 2009 2 accused Gurvinder Singh under Section 138 of the Negotiable Instruments Act. It is the case of the complainant that accused having liability of Rs. 8,00,000/- for payment to the complainant promised to discharge the same as and when asked by the complainant. On 31.8.2005 when the complainant asked the accused to discharge his liability he issued a cheque bearing No.458715 dated 31.8.2005 worth Rs.8,00,000/- drawn on Punjab National Bank, Faridkot out of his account No.21091 in favour of the complainant. The complainant presented the said cheque for encashment in the bank through his banker State Bank of Patiala, Faridkot, where the complainant is having his account bearing No.593190 but the bank authorities returned the cheque to the complainant with the remarks "Exceeds Arrangement", vide memo dated 23.9.2005. After return of the cheque the complainant got issued registered notice through counsel on 7.10.2005 to the accused calling upon him to make payment of the said cheque which was received by him on 8.10.2005. The accused issued the cheque know ing fully well that there were no funds available in his account to honour the cheque in order to cheat the complainant and has committed an offence punishable under Section 138 of the Negotiable Instruments Act. Hence, this complaint."