HARISH KUMAR Vs. JATINDER KUMAR AND ANOTHER

JUDGEMENT

(1.) Leave to appeal is sought under the provisions of section 378 (4) Cr.P.C. by Harish Kumar for challenging the judgment dated 17.11.2011 passed by learned Judicial Magistrate Ist Class, Sirsa acquitting Jatinder Kumar in a complaint filed under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act).

(2.) Briefly stating, the case is that the complainant, Harish Kumar had dealings with M/s Hira Nand and Sons, Tarawari through its partners and the firm had issued a cheque bearing No. 843452 dated 15.11.2004 for a sum of Rs. 3.00 lakhs drawn on State Bank of India, Tarawari Branch, District Karnal in favour of the complainant and assured the complainant that the same would be encashed on presentation. The complainant accordingly, presented the cheque on 17.11.2004 in his bank, i.e. State Bank of India, ADB Branch, Sirsa which was sent for clearance to the banker of the accused but was returned with the remarks "stop payment" vide memo dated 30.11.2004 of Tarawari Branch of the said bank. The complainant then demanded the amount of the cheque from the accused but he had put off the matter and did not pay the amount despite a legal notice served upon the accused and hence, the complaint.

(3.) After serving the accused with notice of accusation to which he pleaded not guilty and claimed trial, the court proceeded to take evidence of the complainant and thereafter recorded the statement of the accused under section 313 Cr.P.C. and also recorded the defence evidence.