RAM KUMAR Vs. SANGEETA

JUDGEMENT

(1.) RESPONDENT had faced trial in a complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 qua dishonour of cheque dated 07.02.2012 in the sum of Rs. 4,00,000/ -. Trial Court vide judgment dated 04.06.2013 has ordered the acquittal of the respondent. Hence, the application under Section 378(4) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for leave to file an appeal by the complainant.

(2.) I have heard learned counsel for the applicant and have gone through the record available on the file carefully.

(3.) CASE of the applicant was that he had borrowed Rs. 2,00,000/ - from Ram Kishan and Rs. 2,00,000/ - had been arranged by him by sale of buffalo. However, the applicant had failed to examine Ram Kishan to corroborate his version qua receipt of loan from him nor had shown any document with regard to receipt of money on account of sale of buffalo. The Trial Court has also noticed that the income of the applicant was shown as Rs. 12,000/ - per month, as per Exhibit D -2. Applicant had given the loan amount to the respondent on 04.08.2010 at his (applicant) house. However, from Exhibit D -5, it was evident that respondent had remained present in her office at New Delhi on 04.08.2010 from 9.20 a.m. to 7.57 p.m. Hence, learned Trial Court rightly held that the version of the applicant that he had given the loan amount to the respondent on 04.08.2010 was belied. Moreover, matrimonial litigation is pending between the parties.