RAM NARAIN BATRA Vs. SURENDER KUMAR

JUDGEMENT

(1.) PRAYER in CRM-A-625-MA-2012 is for grant of special leave to appeal, while in CRM-43982-2012 is for condonation of delay of 195 days in filing the application for grant of special leave to appeal.

(2.) PRECISELY , the facts of the case are that the applicant-complainant and the respondent-accused were friends. In the month of February, 2005, at the request of the respondent- accused, a sum of 72,500/- was given by the applicant-complainant as a loan. On 1.3.2005, the respondent-accused S T P L - Dishonour of C heque Judgements 13.1 [This product is licenced to keyur, ahmedabad, ahmedabad] in discharge of his pre-existing liability, issued Cheque No. 126916, dated 1.3.2005, drawn on State Bank of India, Sirsa Branch, Sirsa, with the assurance that the same would be encashed on presentation. However, the said cheque bounced on account of insufficient funds in the account of the respondent-accused. After completing the formalities of issuance of notice etc., the applicant-complainant filed a complaint before the learned Area Judicial Magistrate. After preliminary inquiry, the summoning order was passed and in consequence thereof the respondent- accused appeared before the learned Trial Court. The notice of accusation was served on him to which he pleaded not guilty and claimed trial.

(3.) AFTER conclusion of the evidence of the applicant-complainant, the re spondent-accused was confronted with the incriminating material came out against him in the evidence of the applicant-complainant. In his statement under Section 313, Cr.P.C, the respondent-accused refuted all the allegations levelled against him by the applicant-complainant. He claimed innocence and pleaded false implication. However, in defence, no evidence was led by him.