NEW GOYAL TRADING COMPANY Vs. RAM KUMAR

JUDGEMENT

(1.) INSTANT application under Section 378 (4) of the Code of Criminal Procedure ('Cr.P.C.' for short), seeking leave to appeal, is directed against the judgment of acquittal dated 4.12.2014 passed by the learned Judicial Magistrate 1st Class, Karnal, whereby the complaint under Section 138/142 of the Negotiable Instruments Act, 1881 ('NI Act' for short), filed by the present applicant, was dismissed.

(2.) BRIEF facts of the case, as recorded by the learned trial Court in para 1 of its impugned judgment of acquittal, are that the applicant was working as a Commission Agent under the name and style of M/s. New Goyal Trading Company. The accused -respondent was an agriculturist by profession and used to sell his agricultural produce since the year 1995. The accused -respondent used to borrow the money from the complainant -applicant for agricultural purposes. It was further pleaded by the applicant -complainant that the entire record of transaction between the complainant and accused was maintained in the account books prepared and maintained in the ordinary course of business. On 28.2.2011, an amount of Rs. 7.14,000/ - was found outstanding against the accused. Respondent -accused finally settled his account with the complainant -applicant and at that time, a sum of Rs. 7,05,000/ - remained outstanding against the accused. Applicant -complainant further pleaded in his complaint that in discharge of his above -said financial liability, accused -respondent issued a cheque No. 599101 dated 28.2.2011 for Rs. 7,05,000/ -, drawn at Andhra Bank, Karnal, in favour of the complainant. The complainant -applicant presented the said cheque twice for encashment with his banker but the same was returned unpaid with remarks "Insufficient funds & dormat account", vide memos dated 12.3.2011 and 31.3.2011. Applicant -complainant issued a legal notice dated 29.4.2011 but the accused neither replied the legal notice nor made the payment of the cheque amount. Having been left with no other option, the complainant -applicant filed a complaint under Section 138/142 of the NI Act.

(3.) WITH a view to prove its case, the complainant -applicant examined Saurabh Pandey, Assistant Manager, Andhra Bank, Karnal, as CW -1, J.N. Sharma, Special Assistant, UCO Bank, Karnal, as CW -2 and the complainant himself appeared as CW -3, besides producing the other relevant documentary evidence.