(1.) The applicant/appellant has filed the present application for leave to appeal against the order of acquittal dtd. 1/2/2018 passed by Judicial Magistrate, 1st Class, Indri, whereby the accused-respondent has been acquitted of the charges under Ss. 138 and 142 of the Negotiable Instruments Act.
(2.) The brief facts of the present complaint are that the accused was having friendly relations with the complainant. The accused borrowed a sum of Rs.8,50,000.00 from the complainant for domestic purposes and for paying of the loan of the bank. She (accused) promised to return the said amount within two months. After two months, the accused came to the house of the complainant and in order to discharge her legal liability, issued a cheque bearing No.439473 dtd. 30/12/2014 for a sum of Rs.8,50,000.00 drawn on Oriental Bank of Commerce, Indri. Thereafter, the complainant presented the aforesaid cheque for encashment to her banker Punjab National Bank, Dhanora Jagir, Tehsil Indri, but the same was returned unpaid to the complainant as dishonoured vide return memo dtd. 2/1/2015 containing remarks "Funds Insufficient". The complainant served a legal demand notice through registered post dtd. 20/1/2015 upon the accused, but the payment of the dishonoured cheque was not made by the accused leading to the initiation of legal proceedings.
(3.) After recording preliminary evidence, vide order dtd. 24/2/2017 passed by the then learned Judicial Magistrate, 1st Class, Karnal, the accused was summoned to face trial for commission of an offence punishable under Sec. 138 of the Negotiable Instrument Act.
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