(1.) The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 23.07.2013 passed by learned Judicial Magistrate Ist Class, Faridabad whereby complaint filed by applicant under Section 138 of the Negotiable Instruments Act has been dismissed and respondent has been acquitted of the notice of accusation issued against him. Brief facts of the case are that a complaint was filed by the applicant-complainant under Section 138 of the Negotiable Instruments Act, 1881 alleging that respondent-accused approached the complainant for availing CC limits as well as term loan facility and assured that they should abide by all the terms and conditions as set in this regard upon which the complainant extended CC limit as well as term loan facility to the accused on execution of their agreement in favour of the complainant. But, the accused failed to adhere to the terms and conditions of agreement and defaulted in making the payment of their dues towards the complainant in discharge of his liability, the accused issued a cheque bearing no. 687934 dated 07.11.2008 amounting to Rs. 4,14,605/- in favour of the complainant. The complainant presented the said cheque for encashment but the same was returned by the banker of the accused due to 'Funds Insufficient' vide return memo dated 10.11.2008. Despite being contacted, the accused did not make payment of amount of cheque in dispute. Thereafter, the complainant served a legal notice dated 24.11.2008 through his counsel and demanded the amount of cheque in dispute within 15 days, but the accused failed to pay the amount of disputed cheque to the complainant within stipulated period, therefore, the complaint was filed.
(2.) On the basis of preliminary evidence, notice of accusation for commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 was served upon the accusedrespondent to which he pleaded "not guilty" and claimed trial. The complainant, in order to prove his case, examined himself as CW1. Thereafter, statement of the respondent-accused under Section 313 Cr.P.C. was recorded wherein he pleaded complete innocence and false implication.
(3.) The trial Court, after appreciating the evidence, acquitted the respondent of the notice of accusation, vide impugned judgment dated 23.7.2013. Hence, this application for grant of leave to appeal. I have heard learned counsel for the applicant and gone through the impugned judgment.