JAGPREET SINGH Vs. RAJWINDER KAUR

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 23.05.2014 passed by learned Judicial Magistrate Ist Class, Amritsar 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 took a friendly loan of Rs. 2,50,000/- from the complainant for domestic purpose and assured the complainant that the same would be returned to him within three months. The accused in order to discharge her legal debt/liability, issued one cheque bearing No. 067926 dated 17.09.2010 for a sum of Rs. 2,50,000/- drawn on SBI, Rayya Branch, Rayya in favour of complainant, with the assurance that the said cheque would be duly encashed on its presentation to the bank. Complainant presented the said cheque to his banker i.e. Punjab and Sind Bank, SSSS School, Branch Majitha Road, Amritsar, but the same was dishonoured with the remarks "insufficient funds" vide memos dated 15.11.2010 & 24.11.2010. Complainant approached the accused and apprised her regarding dishonour of the cheque but she did not pay any heed to the request of complainant. Thereafter, complainant served the accused with legal notices dated 30.06.2011 and 01.08.2011 through registered A.D. Post, but despite the service of legal notices, accused failed to make the payment to the complainant, 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 leaded "not guilty" and claimed trial.