ANIL KUMAR Vs. GURMEET SINGH

JUDGEMENT

(1.) By filing the present petition, under Section 378(4) of the Code of Criminal Procedure (for short 'Cr.P.C.'), the applicant has assailed the judgment dated 08.05.2015, passed by the Judicial Magistrate 1st Class, Kurukshetra, dismissing the complaint and acquitting the accused therein of the charges framed against him under Section 138 read with Section 141 and 142 of Negotiable Instruments Act (for short 'the Act').

(2.) It is contended that the learned trial Court dismissed the complaint without appreciating the fact that the cheque bearing No. 480624 dated 30.09.2010 of L 2,40,000/- issued by the respondent towards discharge of his liability, stood dishonoured twice due to insufficient funds. The respondent did not reply to the legal notice served upon him by the applicant. The respondent has not denied his signature on the cheque but the trial Court erred in not taking into consideration this aspect of the matter.

(3.) The learned Judicial Magistrate has recorded that a lot of doubt exists in the mind of the Court regarding existence of actual transaction between the parties and regarding the genuineness of the claim of the applicant, since the applicant has taken up altogether different stands in his cross examination from the stand taken by him in his complaint and examination in chief. The applicant had concealed the material facts of his being a commission agent and the respondent used to sell his agricultural produce with the firm of the applicant. The applicant had admitted in his cross examination that the amount in question was given to the respondent in the presence of his servant Balwant, however, he has not examined said Balwant to prove this fact.