SURAJ BHAN Vs. PARDEEP KUMAR

JUDGEMENT

(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 22.01.2014 passed by learned Judicial Magistrate 1st Class, Bathinda 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.

(2.) 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 in discharge of his legal liability, accused -respondent issued cheque No. 013576 dated 05.02.2010 for a sum of Rs. 1,60,000/ - and another cheque No. 013575 dated 05.02.2010 for a sum of Rs. 1,54,123/ - in favour of complainant out of his account No. MCC 113117260277 maintained by the accused with the drawee bank and assured the complainant that the above said cheques will be honoured on presentation for their encashment. On presentation of cheques, the bank of complainant further sent the same for clearance to the banker of accused, but it was dishonoured with remarks "Exceed Arrangements". Upon receipt of cheque with memo through his banker, complainant served a registered legal notice dated 29.03.2011 through registered post upon the accused calling upon him to make the payment within 15 days, which was never received back. As such, there is presumption under law that the same has been delivered to the accused. But despite that the accused failed to make the payment of amount of the above said dishonoured cheques to the complainant within the period of 15 days and even thereafter till filing of the complaint. Thereafter, the complainant filed the complaint before the trial Court. 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 accused -respondent to which he pleaded not guilty and claimed trial.

(3.) THE trial Court, after appreciating the evidence, acquitted the respondent of the notice of accusation issued against him vide judgment dated 22.01.2014. Hence, this application for grant of leave to appeal.