DEVENDER SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) This application has been moved under Sec. 378(4) Cr.P.C seeking leave to file the appeal against the judgment dated 31.03.2015 passed by the Judicial Magistrate Ist Class, Sirsa.

(2.) Briefly, the facts of the case, are that the applicant filed a complaint under Sec. 138 of the Negotiable Instruments Act against the respondent as the respondent had issued a cheque bearing No.218158 dated 31.05.2010 for an amount of Rs.3,20,000.00 of State Bank of India, Sirsa from his account. The said cheque was presented in the bank but the same was returned with remarks "insufficient funds" vide Memo dated 15.09.2010. A legal notice dated 28.09.2010 was served upon the respondent/accused through his counsel. Again on the assurance of respondent/accused, the cheque was presented to the Bank and it was dishonoured. Thereafter, a second legal notice was issued on 11.11.2010 through his counsel. The complaint moved by the applicant was dismissed on the ground of limitation as it was not filed within a period of 45 days after issuing the legal notice and has been filed after a lapse of 63 days.

(3.) Learned counsel for the applicant submits that the complaint was filed within the period of limitation i.e from the date of issuance of second legal notice dated 11.11.2010 and hence, it cannot be considered as time barred. Learned counsel also submits that the accused-respondent assured the complainant to make payment on the second occasion and accordingly the cheque was presented in the bank again but it was again dishonoured. Thereafter, the legal notice was issued on 11.11.2010, which was well within a period of limitation. Learned counsel also submits that while passing the impugned judgment of acquittal, the trial Court has not considered the evidence of the complainant and non-speaking judgment has been passed without mentioning anything on merits.