MALWA COTTON SPINNING MILLS LIMITED Vs. JAGMINDER SINGH

JUDGEMENT

(1.) Prayer in this application filed under Section 378(4) of the Code of Criminal Procedure, 1973, is for grant of special leave to appeal against the judgment dated 30.05.2012 passed by the learned Judicial Magistrate Ist Class, Ludhiana, whereby respondent-accused-Jagminder Singh was acquitted of the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act").

(2.) Concisely, the facts of the case are that the applicant/complainant is a registered company under the Companies Act, having its registered office at Ludhiana, and deals in manufacturing of yarn. M/s Samsung Acrycot Limited (accused No.1 in the complaint) had purchased yarn from the applicant/complainant on credit and in order to discharge the legal liability, Mr.Tarlocahn Singh, Managing Director(accused No.2 in the complaint) in consultation and in connivance with accused Nos. 3 to 6 in the complaint, had issued three cheques bearing Nos.577718, 577719 and 577721 all dated 10.02.2001, drawn on the Oriental Bank of Commerce, Sector 17-B, Chandigarh, in favour of the applicant/complainant with the assurance that the said cheques would be honoured on their presentation. Those cheques were signed by Mr.Tarlochan Singh being the Managing Director of M/s Samsung Acrycot Limited. On presentation, the cheques bounced and hence, the notices as required under section 138 of the Act were issued to the accused persons to make the payment mentioned in the cheques within 15 days but the accused failed to make the payment, therefore, the complaint was presented before the learned Area Judicial Magistrate. After completion of preliminary evidence, the summoning order of the petitioner and his co-accused was passed.

(3.) During trial, accused No.3-Jatinderpal Singh and accused No.4-Bhupinder Singh were given up by the complainant whereas, accused No.2 Tarlochan Singh and accused No.5-Virsa Singh Sidhu did not appear despite service, therefore, vide order dated 07.12.2002 and 10.12.2000, they were declared as proclaimed offenders.