RANJEET SINGH Vs. RAJE RAM

JUDGEMENT

(1.) Respondent had faced trial in a complaint filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 qua dishonour of cheque dated 13.6.2011 in the sum of Rs. 10,00,000/-. Trial Court vide order dated 24.9.2013 ordered the acquittal of the respondent. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 praying for leave to appeal by the applicant-complainant.

(2.) I have heard the learned counsel for the applicant and have gone through the record available on the file carefully. Trial Court while ordering the acquittal of the respondent has held as under:-

(3.) The reasons given by the Trial Court while ordering the acquittal of the respondent, are sound reasons. Admittedly, parties were in litigation and in the civil proceedings, compromise was effected between the parties on 18.10.2010. The litigation between the parties remained pending from October 2007 to October 2010. Therefore, the Trial Court rightly came to the conclusion that the plea of the applicant that he had advanced loan to the respondent from January 2009 to December 2010, was not believable. The parties would have reduced the loan transaction into writing. In the absence of any writing qua advancement of loan, in the facts of the present case, rendered the plea put-forth by the applicant that he had advanced loan to the respondent, doubtful.