LAWS(P&H)-2015-3-18

TIRATH KALIA Vs. ANDRESH

Decided On March 02, 2015
Tirath Kalia Appellant
V/S
Andresh Respondents

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 30.05.2014 passed by the Additional Chief Judicial Magistrate -cum -Presiding Officer, Evening Court, Pathankot whereby complaint filed by the applicant under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the 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 Act with the averments that in discharge of liability towards the complainant, respondent issued cheque bearing No. 514266 dated 02.04.2013 for Rs. 35,000/ - in favour of the complainant, but the said cheque was dishonoured on presentation by the complainant in his bank. The same was returned to the complainant by his banker with memo dated 28.06.2003 with the remark "Account closed". He issued legal notice dated 05.07.2013 under Section 138 of the Act but to no effect, therefore, the complaint was filed.

(3.) THE complainant, in order to prove his case, examined himself as C.W. 1. Thereafter, statement of the respondent -accused under Section 313 Cr.P.C. was recorded wherein he pleaded complete innocence and false implication.