JOGINDER BAJAJ Vs. PANKAJ SHARMA

JUDGEMENT

(1.) Complainant Joginder Bajaj has filed this application under Section 378 (4) of the Code of Criminal Procedure (in short - Cr.P.C.) for leave to appeal against judgment dated 04.02.2009, passed by learned Sessions Judge, Jalandhar, thereby acquitting respondent-accused Pankaj Sharma in case under Section 138 of the Negotiable Instruments Act, 1881 (in short - the Act).

(2.) Applicant-appellant instituted complainant under Section 138 of the Act alleging that the respondent-accused had taken loan of L 45,000/- from the complainant-appellant and had issued cheque dated 04.01.2003 for the same. The said cheque was dishonoured vide memo dated 17.02.2003. On assurance of the accused, the cheque was presented again, but it was again dishonoured vide memo dated 28.03.2003. Thereupon, the complainant served demand notice dated 01.04.2003, but the accused failed to make the payment of the cheque amount, necessitating the filing of the complaint on 14.05.2003.

(3.) Learned trial Magistrate, vide judgment and order dated 10.05.2008, convicted the accused under Section 138 of the Act and awarded sentence of rigorous imprisonment for six months and fine of L 2,000/-. However, appeal preferred by the accused against judgment and order of the trial Magistrate has been allowed by learned Sessions Judge, Jalandhar, vide impugned judgment dated 04.02.2009 and accordingly, the accused stands acquitted. Feeling aggrieved, complainant has filed this application for leave to appeal.