PARDEEP KUMAR Vs. RAMESH CHAND

JUDGEMENT

(1.) The instant application has been filed under Sec. 378(4) Crimial P.C. for grant of leave to appeal against the impugned judgment dated 23.04.2014 passed by learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri whereby complaint filed by applicant under Sec. 138 of the Negotiable Instruments Act has been dismissed and respondent has been acquitted of the notice of accusation issued against him.

(2.) Brief facts of the case are that a complaint was filed by the applicant-complainant under Sec. 138 of the Negotiable Instruments Act, 1881 alleging that the accused has taken a friendly loan of Rs. 1 lakh from the complainant on 10.09.2010 for the operation of his wife and in discharge of his existing liability towards the complainant, the accused issued a cheque bearing no.641072 dated 15.12.2010 in the sum of Rs. 1,00,000.00 drawn on State Bank of Patiala, Branch Jagadhri Workshop. It is allegation of the complainant that said cheque was presented by him to his banker State Bank of Patiala, Branch Jagadhri Workshop but the said cheque was dishonoured by the bank vide bank memo dated 17.12.2010 with the remarks 'Funds Insufficient'. Thereafter, legal notice dated 24.12.2010 was issued by the complainant to the accused calling upon the accused to make the requisite payment within 15 days, but the accused failed to make the said payment and accordingly, complainant filed the present complaint on 19.01.2010 being within the period of limitation. On the basis of preliminary evidence, notice of accusation for commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 was served upon the accusedrespondent to which he pleaded not guilty and claimed trial.

(3.) The complainant, in order to prove his case, examined himself as CW1. Thereafter, statement of the accused-respondent under Sec. 313 Crimial P.C. was recorded wherein he pleaded complete innocence and false implication.