DEEPAK KUMAR Vs. CHANAN SINGH VIRK COMMISSION AGENTS

JUDGEMENT

(1.) The appellant through instant application under Sec. 378(4) Cr.P.C. is seeking grant of special leave to appeal against order dtd. 29/4/2022 whereby learned Judicial Magistrate First Class, Ferozepur has dismissed the complaint of the appellant filed under Sec. 138 of Negotiable Instruments Act (for short, 'NI Act') and Sec. 420 of IPC and further acquitted the accused/respondent.

(2.) The brief facts which are necessary for the adjudication of the present controversy and emerging from the record as well arguments of learned counsel for the appellant are that the appellant lent a sum of Rs.1,13,000.00 in cash to the respondent and in discharge of his liability, the respondent issued a cheque No. 000502 dtd. 4/6/2018. The appellant presented the cheque for its encashment which came to be returned on account of "Insufficient Funds". The appellant in terms of Sec. 138 of the NI Act served legal notice upon respondent and thereafter preferred a complaint before Trial Court.

(3.) The complaint came for consideration before JMIC, Ferozepur who vide impugned order dtd. 29/4/2022 dismissed the complaint of the appellant and acquitted the respondent from the charge of 138 NI Act and 420 IPC.