KARAN ANAND Vs. KAMAL BAKSHI

JUDGEMENT

(1.) By filing the present petition, under Section 378(4) of the Code of Criminal Procedure (for short 'the Cr.P.C.'), the applicant has assailed the order dated 27.07.2013, passed by the Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri, dismissing the complaint and acquitting the accused of the charge framed against them under Section 138 of Negotiable Instruments Act (for short 'the Act').

(2.) It is contended that in discharge of his legally enforceable liability, the accused-respondent issued cheque No. 374233 dated 20.03.2009, amounting to Rs. 50,000/-, which was dishonoured with the remarks 'payment stopped by the drawer'. This fact was brought to the knowledge of the accused whereupon, the petitioner was asked to present the cheque again in the month of August, 2009. On 21.08.2009, the cheque in question was again presented which was dishonoured on 22.08.2009 with the remarks, 'payment has been stopped by the drawer'. A legal notice dated 02.09.2009 was issued to the accused to which he never replied. It is further submitted that despite the fact that the learned trial Court returned a categorical finding to the effect that the cheque in question was issued and signed by the accused, the complaint has been dismissed. He cites Rangappa v. Mohan, 2010 0 AIR(SC) 1898.

(3.) Heard.