RAM SINGH Vs. JASWINDER SINGH

JUDGEMENT

(1.) This is an application under Sec. 378(4) Cr.P.C. seeking leave to appeal against acquittal of Jaswinder Singh (respondent) in Complaint No. 18 dtd. 17/1/2017, under Sec. 138 of the Negotiable Instruments Act, 1881 (for short,'the Act'). The application is accompanied by an application for condoning the delay of 16 days.

(2.) The complainant in order to prove his case himself stepped into the witness box, produced original cheque, return memo, notice and postal receipt. The officials of the bank were examined with regard to presentation and dis-honour of cheque.

(3.) The respondent took a defence that no amount was borrowed from the complainant. A loan of Rs.25,000.00 was taken from Vijay Electronics, Khanna owned by Vijay Kumar. A blank cheque given to him was mis-utilised as the complainant and Vijay Kumar were friends. To support his defence, Vijay Kumar was examined as DW1, who stated that Ram Singh (complainant) i.e. (brother-in-law of the respondent) took the file containing signed blank cheque on the pretext of clearing the remaining outstanding loan amount. Further defence taken was that the respondent was partner of the complainant and not the employee.