RAJ KUMARI JAWA Vs. PARMOD KUMAR

JUDGEMENT

(1.) This is an application under Section 378(3) of the Code of Criminal Procedure seeking permission to grant special leave to appeal against the order dated 7.8.2014 passed by the Judicial Magistrate 1st Class, Karnal, whereby the accused-respondent has been acquitted in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act').

(2.) The complainant has filed a complaint under Section 138 of the Act on the premises that the complainant and respondent-accused were in business terms with each other and accused used to borrow money from the complainant from time to time. As per accounts, the total outstanding liability of the accused was Rs.2,00,000/- and in discharge of this liability the accused had issued a cheque No.084500 dated 23.9.2010 for Rs.1,00,000/- and cheque No.084499 dated 24.8.2010 for Rs.15,000/- drawn at Syndicate Bank, Karnal in favour of complainant. When the said cheques were presented for encashment with her bankers, the same were returned unpaid with the remarks 'Funds Insufficient' vide memos dated 25.9.2010 and 6.10.2010 respectively. Accordingly, a statutory legal notice dated 12.10.2010 was served upon the accused by way of registered post calling upon the accused to make payment of the cheques. The accused failed to make the payment within the stipulated period of 15 days, compelling the complainant to file the complaint.

(3.) On the basis of preliminary evidence as led by the complainant, the accused was summoned to face trial for commission of offence punishable under Section 138 of the Act. While putting in appearance, respondent-accused pleaded not guilty and claimed trial. In order to prove her case, the complainant stepped into witness box as CW1 and deposed that she (complainant/petitioner) and respondentaccused were on business terms. The accused has borrowed an amount of Rs.1,15,000/- from her and in order to discharge his liability, two cheques Ex.CW1/B and Ex.CW1/C were issued in favour of the complainant. However, on presentation of cheques, the same were dishonoured on the grounds of 'Funds Insufficient'. In support thereof Sudesh Kumar Sharma, Clerk, Syndicate Bank, Karnal was examined as CW2, who deposed that the Cheques Exhibits CW1/B and CW1/C were dishonoured due to insufficient funds vide memos Ex.CW2/A and Ex.CW2/B respectively. Thereafter, the complainant's counsel closed the evidence vide statement dated 22.7.2014.