MOHANBIR SINGH Vs. HARI PARKASH GIMRA

JUDGEMENT

(1.) By this judgment, two appeals, i.e. CRA-S-3385-SB-2012 and CRA-S-3386-SB of 2012, filed by same appellant, namely, Mohanbir Singh (hereafter referred to as, 'the complainant'), are being decided together, inasmuch as, parties in both the appeals are same, and the finding of acquittal has been recorded by the learned Trial Court after dealing with and analyzing same set of evidence, vide impugned judgment(s) dtd. 6/4/2012.

(2.) (i). In this appeal, the complainant has challenged the judgment dtd. 6/4/2012, passed by learned Judicial Magistrate Ist Class, Ludhiana/ Trial Court, in Criminal Case No. 368/2, dtd. 30/8/2008, titled as 'Mohanbir Singh v. Hari Parkash Gimra', vide which respondent- Hari Parkash Gimra, was acquitted in a complaint case filed by the complainant, under Sec. 138 of the Negotiable Instruments Act, read with Sec. 120 IPC, alleging that one cheque bearing No. 541279, dtd. 1/2/2008, for an amount of Rs.1,00,000.00, drawn on Oriental Bank of Commerce, Extn. Counter, New DMC College and Hospital, Tagore Nagar, Ludhiana, was issued by the respondent in favour of Complainant. But on being presented before Canara Bank, Bharat Nagar Chowk, Ludhiana, the said cheque was bounced, and vide memo dtd. 26/6/2008, the complainant was informed that 'today's opening balance is insufficient'.

(3.) FACTS OF CRA-S-3386-SB-2012: