RATTAN LAL TALWARIA Vs. RAJENDER KUMAR

JUDGEMENT

(1.) Special leave to appeal has been sought against the judgment of acquittal dated 13.08.2018 passed by the learned Sub Divisional Judicial Magistrate Ist Class, Ellenabad, dismissing the complaint under Section 138 of the Negotiable Instruments Act, 1881.

(2.) Proceedings were initiated on account of dishonour of cheque bearing No.941821 dated 28.11.2014, amounting to Rs.2,50,000/-.

(3.) Learned counsel for the applicant contended that the respondent-accused had borrowed Rs.2,50,000/- from the complainant and to return the said amount, he had issued the impugned cheque in favour of the complainant, which had been returned back unpaid to the complainant by his banker on the ground of 'insufficient funds'. Therefore, the accused was liable to be punished accordingly.