GURDARSHAN Vs. RAJ RANI

JUDGEMENT

(1.) Application is allowed as prayed for and the delay of 19 days in filing the present application stands condoned. Instant application has been filed by the applicant under Sec. 378(4) Cr.PC feeling aggrieved against the order dtd. 26/11/2018 passed by learned Judicial Magistrate Ist Class, Karnal vide which the accused has been acquitted of the charges framed against her.

(2.) As per the allegations levelled in the complaint filed by the applicant-complainant (hereinafter referred to as 'complainant'), in the month of April, 2016, she advanced a friendly loan to respondentaccused (hereinafter referred to as 'accused') in the sum of Rs.2.00 lacs. The accused, to discharge her legal liability, issued a cheque bearing No.000006 dtd. 2/7/2016 (hereinafter referred to as 'cheque in question') for an amount of Rs.2.00 lacs drawn at Bank of Baroda, Karnal in favour of the complainant. However, on presentation of the cheque in question by the complainant, it was returned vide return memo dtd. 5/7/2016 with remarks "Opening Balance Insufficient". The complainant thereafter sent a legal notice dtd. 19/7/2016 to the accused, however, despite receipt of the legal notice, the accused failed to make the payment to the complainant. Left with no other remedy, the complaint in question was then filed by the complainant.

(3.) After considering the material on record and evidence led by the parties, the Court below acquitted the accused by holding that the complainant had failed to prove the offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') against the accused beyond the shadow of reasonable doubt.