RAM CHAND Vs. RAM NATH

JUDGEMENT

(1.) It is surprising for the Court that respondent No.1 was acquitted vide impugned judgment dtd. 27/4/2011, and application for leave to appeal was never argued since the year 2012/2013. Therefore, this Court does not find any ground to make its exercise on the application for grant for leave to appeal, and then to hear arguments in appeal for the purpose of its admission. Thus, counsel for both the sides are asked to address their submissions as a whole in the application for grant for leave to appeal itself i.e. CRM-A-749-MA-2012.

(2.) Complainant - Ram Chand (applicant herein) has filed present appeal against the judgment dtd. 14/8/2012, passed by Ld. Sessions Judge, Yamuna Nagar at Jagadhri, in Criminal Appeal No.75, dtd. 18/5/2001, whereby, respondent No.1 (accused) was acquitted for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for brevity 'NI Act').

(3.) Complainant - Ram Chand filed one criminal complaint bearing No. 1118 of 2008, dtd. 18/10/2008/22/4/2010, under Sec. 138 of NI Act, against respondent No.1 (accused), alleging that cheque bearing No. 230675, dtd. 15/9/2008, for an amount of Rs.1,60,000.00, drawn on State Bank of Patiala, Branch Tejli, Yamuna Nagar, issued by accused in regard to the discharge of his existing liability, was dishonored by the Bank memo dtd. 17/9/2008, with remark of 'insufficient fund'. Thereafter, requisite procedure as per NI Act of serving of the legal notice etc., was completed and complaint referred herein-above was instituted against accused (respondent No.1).