SURESH Vs. NARENDER GAUTAM

JUDGEMENT

(1.) By filing the present petition, under Section 378(4) of the Code of Criminal Procedure (for short 'Cr.P.C.'), the applicant has assailed the judgment dated 04.01.2012, passed by the Judicial Magistrate 1st Class, Palwal, dismissing the complaint and acquitting the accused therein of the charges framed against him under Section 138 of Negotiable Instruments Act (for short 'the Act').

(2.) It is contended that the learned trial Court dismissed the complaint without appreciating the fact that respondent had duly admitted that the cheque bearing No. 854240 dated 21.01.2006 of Rs. 75,000/- was issued by him towards discharge of his liability which was dishonoured with the remarks 'funds insufficient'. Thereafter, the applicant had served a registered notice upon the respondent/accused on 26.04.2006, however, the respondent did not make the payment deliberately but the trial Court erred in not taking into consideration the above facts.

(3.) Heard.