VARINDER KUMAR Vs. M/S MANIKTALA TRADERS

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 order dated 20.10.2012, passed by the Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri, dismissing the complaint and acquitting the accused therein of the charge framed against them under Section 138 of Negotiable Instruments Act (for short 'the Act').

(2.) Learned counsel for the applicant contends that learned trial Court without appreciating the fact that the respondent No.2 had issued a cheque of Rs. 32 lacs to discharge his liability which was dishonoured. The respondent had closed his account, vide application dated 19.04.2006 but the trial Court erred in not taking into consideration this aspect of the matter. The applicant had given the above said amount as a friendly loan to the respondent No.2, however, he failed to repay the same.

(3.) Heard.