MANJEET KAUR ARORA Vs. ANIL JAIN

JUDGEMENT

(1.) Applicant, by way of instant application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeks leave to appeal against the impugned judgement of acquittal. Brief facts of the case, as noticed by the learned trial court in para 1 of the impugned judgement are that the accused being well known to the complainant had approached her for friendly loan of Rs.2,50,000/-. The complainant had acceded to the request of the accused and advanced him a loan of Rs.2,50,000/- on dated 22.1.2013 after withdrawing from her bank and in order to discharge his legal liability accused issued a cheque bearing no.112431 dated 7.3.2013 for rs.2,50,000/- drawn on Bank of Baroda, Sunder Nagar, Ludhiana in favour of the complainant with the assurance that the said cheque was issued at the time of presentation.

(2.) At the time of issuance of this cheque the accused assured the complainant that the cheque be encashed and accordingly firstly the complainant presented the cheque in her account with i.e. Kotak Mahindra Bank Ltd. Feroze Gandhi Market, Ludhiana but the said cheque was dishonored on dated 8.3.2013 with remarks "Funds Insufficient" thereafter the complainant got served a legal notice to the accused with registered AD/UPC on dated 23.3.2013 through his counsel, calling upon the accused to make the payment of the cheque amount. The accused has received the legal notice but neither the accused replied it nor made the payment of the cheque amount. Hence the present complaint.

(3.) After leading the preliminary evidence by the complainantappellant, the learned trial court took the cognizance of the matter and issued the summoning order. Accused-respondent appeared. Having found a prima facie case, the learned trial court framed the charges against the accused. Accused pleaded not guilty and claimed trial.