BALWINDER SINGH Vs. SATNAM SINGH

JUDGEMENT

(1.) This is an application under Sec. 378(4) Cr.P.C. for grant of leave to appeal against acquittal of the respondent in Criminal Complaint No. 98-2 of 13/9/2012 vide judgment dtd. 29/10/2016.

(2.) As per the case set up by the complainant, the respondent borrowed a sum of Rs.5,00,000.00 from the complainant and in order to discharge the liability, cheque No. 218562 dtd. 2/7/2012 for an amount of Rs.5,00,000.00 drawn on Oriental Bank of Commerce, Ferozepur Cantt, was issued in favour of the complainant. On presentation, the cheque was dis- honoured vide memo dtd. 4/7/2012 with the remarks "insufficient funds". After giving legal notice, complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') was filed.

(3.) The complainant filed an affidavit reiterating the allegations and proved original cheque, bank memo, copy of the legal notice and the postal receipt. In his statement under Sec. 313 Cr.P.C., the respondent stated that he stood guarantor for Nachattar Singh against whom the complaint was filed by the complainant. Nachattar Singh was declared proclaimed offender and the respondent was falsely implicated.