HARISH KUMAR Vs. RAJ RANI

JUDGEMENT

(1.) The present application has been filed under Section 378(4) CrPC for grant of leave to file an appeal against the judgment dated 27.8.2007 passed by Judicial Magistrate Ist Class, Chandigarh.

(2.) The applicant made a complaint to the effect that in the month of January 2000 respondent approached him for an amount of Rs.2,00,000/- for personal necessity and assured to return the same within a period of one year. A cheque for an amount of Rs.2 lacs drawn and payable at Bank of Baroda, Branch Town Hall, Amritsar was issued in favour of the applicant. On presentation before the Bank, the same was dishonoured with the remarks that "no such account is with the bank/account closed." After dishonouring of cheque, the applicant met the respondent to clear the cheque but failed. A legal notice was served upon the respondent but inspite of that, no payment was made and the respondent was summoned in the case. The respondent faced trial and vide judgment dated 27.8.2007 and was acquitted.

(3.) Learned counsel for the applicant submits that signature of the respondent has been admitted by herself in the reply of the legal notice as well as in the statement under Section 313 CrPC. The account was closed in the year 1999 and the cheque in dispute was issued in the year 2000. The judgment of acquittal has been passed only on the basis of presumption, whereas, presumption under Section 118 of the Negotiable Instruments Act is in favour of the petitioner. Learned counsel for the respondent submits that the well reasoned judgment was passed.