MANOJ KUMAR SINGHLA Vs. HAKIM

JUDGEMENT

(1.) This is an application under Sec. 378(4) Cr.P.C. seeking leave to appeal against judgment of acquittal dtd. 22/9/2021.

(2.) The facts in brief are that the applicant and the respondent for starting a business executed an agreement on 21/10/2014 and respondent took an amount of Rs.1,50,000.00, further Rs.1,20,000.00 was taken on different dates. For discharging the liability, the respondent issued a cheque bearing No.015080 dtd. 15/3/2015 for an amount of Rs.2,70,000.00, drawn on Central Bank of India, Ballabgarh, Faridabad. On presentation, the cheque was returned vide memo dtd. 20/3/2015 with remarks "funds insufficient". After issuance of notice, on failure of the respondent to pay the amount the complaint was filed.

(3.) The respondent took a defence that two blank cheques including the cheque in question were given to the complainant as security in pursuance to the agreement dtd. 21/10/2014. The reliance was placed upon agreement (Exhibit C-7) to submit that only Rs.1,50,000.00 was to be repaid and there was no enforceable debt of Rs.2,70,000.00.