MUKESH GARG Vs. NITIN KUMAR

JUDGEMENT

(1.) This is an application under Sec. 378(4) Cr.P.C. seeking leave to appeal against judgment of acquittal in Criminal Complaint No. COMA/1697/2014 under Ss. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act').

(2.) The brief facts, as per the applicant (complainant) are that the respondent had taken loan of Rs.1,00,000.00 and for discharging the liability issued two cheques No. 062726 and 062727 dtd. 21/7/2014 for Rs.50,000.00 each drawn on HDFC Bank Ltd. On presentation, the cheques were dis-honoured vide memo dtd. 4/8/2014 with the remarks "payment stopped by drawer". After issuance of notice, on failure of the respondent to pay the amount, the complaint was filed.

(3.) The respondent took a defence that the cheque book containing the cheques in question was lost. On-line complaint was made, the print out of which was produced as Ex.D2. The employee of HDFC Bank Amit Kumar (DW1) was examined who substantiated the application given by the respondent on 7/4/2014 for stopping the payment of the cheques as the cheque book was lost.