BALJIT SINGH Vs. HARVINDER SINGH

JUDGEMENT

(1.) The appellant-Baljit Singh had filed the complaint under Section 138 of the Negotiable Instruments Act, 1881. Vide impugned judgment dated 29.5.20085 the accused was acquitted of the notice served upon him Hence the complainant has filed this application under Section 378 (4) of the Code of Criminal Procedure with the prayer for grant of leave to file an appeal against the order mentioned above.

(2.) The case of the complainant in brief, as noticed by the trial Court in paragraph 1 of its judgment reads as under:-

(3.) After hearing learned counsel for the parties, I am of the opinion that the instant appeal deserves to be dismissed. It has been noticed by the learned Magistrate in the judgment that the complainant had stated in his cross-ex-amination that besides the present complaint there were two more complaints against the accused. He had given goods to the accused and had taken three cheques as a security. However, he did not know about any other cheque. Complainant further stated that he might have given cheque No. 138768 to the accused but he did not recollect the same. The complainant had admitted that Ex.DX was filled in by him and he had signed the same and the total amount stated therein was correct. He also admitted that cheque No. 138765 was writ-ten on the said cheque. In these circumstances, the learned Magistrate has rightly come to the conclusion that there were business transaction between the par-ties and the complainant took four cheques as security from the accused. Last cheque bearing No.138768 (Ex.DY) was returned to the accused. The chque amount in dispute is Rs.35,000/- which apparently has been repaid vide Ex.DX. In the present case, the accused had been successful in rebutting the pre- I sumption in favour of the holder of the cheuqe.