HDFC BANK Vs. JASMER SINGH

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 18.11.2013 passed by learned Judicial Magistrate 1st Class, Panipat 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 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. 106576 dated 1.06.2009 amounting to Rs. 2,35,104/- 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 'account is dormant' vide return memo dated 16.06.2009. Despite being contacted, the accused did not make payment of amount of cheque in dispute. Thereafter, the complainant served a legal notice dated 13.07.2009 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.

(3.) 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.