NARESH KUMAR Vs. SMT. PARAMJIT KAUR

JUDGEMENT

(1.) The present application under Sec. 378(4) of the Code of Criminal Procedure (for short 'the Code') seeking leave to appeal is against the judgment dated 17.12.2010 passed by Judl. Magistrate Ist Class, Gurgaon, vide which the learned trial Court has acquitted the accused of the charges framed against him under Sec. 138 of Negotiable Instruments Act.

(2.) Brief facts of the case are that the accused respondent had taken a loan of INR 2.5 lacs from the complainant-applicant about 8 months back and assured him that the amount will be repaid after some time. When the applicant asked the repayment of the above said loan amount, the respondent issued two cheques bearing No. 1398385 and 1398386 dated 10.04.2003 of INR 1.25 lacs each of Oriental Bank of Commerce to discharge her liability. When the applicant presented the said cheque to his banker namely Gugaon Gramin Bank, Gurgaon, the same was dishonoured due to the payment stopped by the accused/drawer vide memo dated 22.04.2003. Thereafter, the applicant served a legal notice dated 21.05.2003 upon the respondent and demanded the cheque amount within 15 days from the receipt of the said notice. However, the accused has failed to pay the cheque amount. Hence, the present complaint.

(3.) The accused was summoned to face trial vide order dated 03.08.2009 to which the accused pleaded not guilty and claimed trial.