JANG SINGH Vs. NISHAN SINGH

JUDGEMENT

(1.) The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 01.02.2012 passed by the learned Additional Sessions Judge, Fast Track Court, Patiala vide which the appeal of the petitioner has been dismissed on the ground of maintainability and judgment dated 02.11.2010 passed by the learned Sub Divisional Judicial Magistrate, Rajpura whereby respondent has been acquitted of the charges framed against him.

(2.) Brief facts of the case are that a complaint was filed by the complainant-petitioner under Section 138 of the Negotiable Instruments Act against the respondent with the allegations that the respondent has borrowed an amount of Rs.60,000/- from him. In order to discharge his liability, the respondent issued a cheque bearing No. 688189 dated 10.09.2007 in favour of the complainant. On presentation of the said cheque, the same was returned unpaid with remarks "INSUFFICIENT FUNDS". Thereafter, the complainant served a legal notice upon the accused-respondent, but the accused failed to comply with the notice.

(3.) After recording preliminary evidence, the accused-respondent was summoned under Section 138 of the Negotiable Instruments Act. Finding a prima facie case against the respondent, notice of accusation was served upon the accused-respondent to which the accused-respondent pleaded not guilty and claimed trial.