SUNITA DEVI Vs. HARINDER SINGH

JUDGEMENT

(1.) This is an application under Sec. 378(4) Cr.P.C. for grant of leave to appeal against the acquittal of Harinder Singh in complaint Case No.COMA-723-2016 under Sec. 138 of Negotiable Instruments Act, 1881 (for short'the Act'). As per the case set up by the complainant, the respondent was engaged in share broker business in the name and style of''Two Sparrow". Investment was made through him, on his assurance to give maximum profit. In discharge of lability a cheque was issued, on presentation the cheque was returned with remarks "funds insufficient". After serving a legal notice, the complaint was filed.

(2.) The accused took a defence that there was no legally enforceable debt or liability. The complainant had misused the cheque taken from the trading office. There was tampering on the cheque as word'fifty' was not legible.

(3.) The trial Court considered that the complainant had not mentioned the amount of money invested and the date of investment, either in the complaint or in the affidavit. During cross examination, the complainant faultered when asked for as to how the amount invested was available with her. She replied that the money belonged to her and to the public. Trial Court further noted that word'fifty' was not legible on the cheque. Accused was 1 of 2 acquitted.