AMAN DHINGRA Vs. NIRANJAN DASS GUPTA

JUDGEMENT

(1.) The instant application has been filed under Sec. 378(4) Crimial P.C. for grant of leave to appeal against the impugned judgment dated 4.8.2009 passed by the learned Chief Judicial Magistrate, Rohtak, whereby respondent has been acquitted of the charge framed against him under Sec. 138 of the Negotiable Instruments Act.

(2.) Brief facts of the case are that respondent in discharge of his liability issued a cheque bearing No.502709 dated 3.3.2005 for Rs. 2,00,000.00 drawn on State Bank of Patiala, Mini Secretariat, Rohtak, from his account No.26481. It was alleged in the complaint that upon presentment cheque was dishonoured with the remarks "Funds Insufficient" vide memo dated 3.5.2005. Thereafter legal notice dated 14.5.2002 was issued to the accused calling upon him to make the payment within 15 days from the date of receipt of the said notice but the notice was returned with the report of postman that the accused was not met despite repeated efforts and had gone out of station.

(3.) On filing of complaint in preliminary evidence, complainant examined himself as PW1 and tendered his affidavit Ex.C1 into evidence. He also tendered document Ex.C2 cheque, Ex.C3 bank memo, Ex.C4 legal notice, Ex.C5 postal receipt and Ex.C6 envelope with report of postman. The preliminary evidence was closed vide order dated 4.6.2005 and accused/respondent was ordered to be summoned to face trial under Sec. 138 of the Negotiable Instrument Act.