MOHD AMJAD Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The instant application has been under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 10.04.2010 passed by learned Judicial Magistrate First Class, Malerkotla, whereby respondent No.2 has been acquitted of the charges framed against him. Brief facts of the case are that criminal complaint No. 58 of 27.04.2007 filed by the petitioner-complainant against respondent No.2 under Section 138 of the Negotiable Instruments Act with the averments that accused-respondent no.2 borrowed a sum of Rs.2 lacs from the petitioner and the accused-respondent No.2 in discharge of his part of liability issued a cheque bearing No. 276993 dated 13.10.2006 for Rs. 2 Lacs drawn on State Bank of Patiala, branch Bathinda Cantt. with the assurance that the chaque will be encashed on its presentation, but when the aforesaid cheque was presented by the complainant-petitioner to his banker, the same was dishonoured and was returned back with the remarks "Drawer's signature differs' vide memo dated 16.03.2007. Thereafter, the complainant served notice of demand dated 02.04.2007 upon the accused, but the accused refused to receive the said notice. After recording preliminary evidence, accused-respondent no.2 was summoned under Section 138 of the Negotiable Instruments Act. Finding a prima facie case against respondent no.2, notice of accusation was served upon the accusedrespondent no.2 to which he pleaded not guilty and claimed trial.

(2.) The complainant, in order to prove his case, examined himself as CW-1.

(3.) Thereafter, statement of the accused was recorded under Section 313 Cr.P.C. All incriminating circumstances were put to him. He denied the same and pleaded innocence.