SURJIT SINGH Vs. AMARPAL SINGH TIWANA

JUDGEMENT

(1.) Cri. Misc. No. 22549 of 2014. For the reasons mentioned in the application, same is allowed and delay of 174 days in filing the application for grant of leave to appeal is condoned. CRM-A-1184-MA of 2014

(2.) The instant application has been filed under Sec. 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the impugned judgment dated 21.11.2013 passed by the learned Judicial Magistrate First Class, Khanna, whereby complaint filed by petitioner under Sec. 138 of the Negotiable Instruments Act (for short 'the Act') has been dismissed and respondent has been acquitted.

(3.) Brief facts for disposal of the case are that appellant/complainant filed a complaint under Sec. 138 of the Act through his power of attorney Mohan Singh on the ground that on 10.07.2006 respondent was lent an amount of INR 50.00 lacs on the assurance and promise that he would buy good properties and agricultural land for the complainant. When the respondent/accused did not purchase the property, on the request of the complainant, respondent issued a cheque bearing No.214751 dated 10.02.2009 for INR 15.00 lacs drawn on IDBI Bank, 10, Chhoti Barandari, The Mall, Patiala branch in favour of the complainant. On presentation for encasement the cheque was returned dishonoured with remarks "insufficient funds". On assurance by the respondent/accused, appellant/complainant again presented the said cheque on 27.05.2009 for encasement, which was again returned back dishonoured with the remarks "insufficient funds". Thereafter complainant served statutory notice dated 03.07.2009 upon the respondent/accused to make payment but he did not pay any heed. Hence, the complaint was filed.