SANDEEP KUMAR Vs. JAI SINGH

JUDGEMENT

(1.) This is an application seeking leave to file appeal against acquittal of Jai Singh (respondent) in Criminal Complaint No. 1283 of 2014, titled ' Sandeep Kumar v. Jai Singh', under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act').

(2.) The brief facts are that the petitioner presented cheque bearing No. 096903 dtd. 6/5/2014 for the sum of Rs.48,720.00 drawn on Oriental Bank of Commerce, Govindpuri Branch, Yamuna Nagar signed by the respondent, for encashment. The cheque was dishonoured on 9/5/2014 with the remarks "funds insufficient ". After service of notice, the complaint under Sec. 138 of the Act was filed.

(3.) The complainant to substantiate his case himself stepped into the witness box, filed affidavit, adduced the cheque, return memo, legal notice and the postal receipt. In his cross-examination, he stated that he is earning Rs.4,000.00 to Rs.5,000.00 per month, he had a son and a daughter, aged 12 years and 8 years, respectively. Futher, that the accused was serving in Telephone Exchange and getting salary of Rs.45,000.00 per month. He stated that the amount was advanced to the repondent on 6/2/2013 and a document was executed in this regard. Further that the respondent had handed over blank affidavits, ration card and a duly filled cheque.