(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 31.01.2014 passed by the Judicial Magistrate Ist Class, Ludhiana whereby complaint filed by applicant -complainant under Section 138 of the Negotiable Instruments Act (in short, 'N.I. Act') has been dismissed and respondent -accused 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 N.I. Act alleging that respondent -accused approached the complainant and requested for vehicle loan and he also executed an agreement/contract to this effect. The accused in order to discharge his legal enforceable liability, issued cheque bearing No. 101841 dated 01.08.2011 for Rs. 7,00,000/ - drawn on Central Bank of India, Jalandhar Cantonment, Punjab, in favour of complainant. The complainant presented the said cheque to its bank, but the same was dishonoured vide Memo dated 03.08.2011 with remarks "Opening Balance Insufficient". The complainant got served legal notice which was duly received by the accused, but the accused did not make the payment. Therefore, the complaint was filed.
(3.) THE complainant, in order to prove its case, examined its authorized signatory i.e. Sh. Vivek Vashisth as CW1. Thereafter, statement of the accused under Section 313 Cr.P.C. was recorded wherein he pleaded complete innocence and false implication.