(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 07.12.2011 passed by learned Judicial Magistrate Ist Class, Panchkula 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 served 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 read with Section 420 of the Indian Penal Code alleging that respondent borrowed Rs.90,000/- from her and the respondent in discharge of his liability, issued cheque no.299628 dated 18.08.2006 for Rs.30,000/- drawn on Punjab National Bank, Sector-4 Panchkula in her favour. However, when the same was presented in her bank i.e. Panchkula Urban Cooperative Bank Ltd., Sector 10, Panchkula, it was dishonoured due to "insufficient funds" vide memo dated 22.08.2006. Thereafter, legal notice dated 12.09.2006 under registered A.D and UPC was sent to respondent which was duly received by him. He gave its reply dated 25.09.2006, but failed to pay the cheque amount. 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 complainant, in order to prove his case, examined himself as CW1. Thereafter, statement of the accused-respondent under Section 313 Cr.P.C. was recorded wherein he pleaded complete innocence and false implication.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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