INDERJIT SINGH Vs. KARNAIL

JUDGEMENT

(1.) Through this application under Section 378(4) Cr.P.C. prayer has been made by the complainant seeking leave to appeal against judgment dated 13.01.2017 of the trial Court.

(2.) Briefly, applicant filed a complaint against the respondent under Section 138 of the Negotiable Instruments Act (in short the 'Act') pleading that respondent had issued a cheque of Rs. 1,50,000/- to him to discharge his legal liability, which on presentation in the bank, was returned unpaid with the remarks "exceeds arrangement". Thereafter, mandatory legal notice was served upon the respondent. Despite that respondent did not make the payment.

(3.) Upon notice, respondent appeared and took the defence that cheque in question was handed over by him to the applicant as a security and not in discharge of legal liability.