CHAWLA ENTERPRISES Vs. HARJOT ENGGL. WORKS AND ORS.

JUDGEMENT

(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 28.01.2014 passed by the Judicial Magistrate Ist Class, Jalandhar whereby complaint filed by applicant under Section 138 of the Negotiable Instruments Act has been dismissed and respondents have been acquitted of the notice of accusation issued against them.

(2.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Section 138 of the Negotiable Instruments Act, 1881 alleging that accused No. 1 is a partnership firm and accused Nos. 2 to 4 are its partners. They are incharge of and responsible to the firm for the conduct of its business. Accused purchased on credit pig iron from the complainant from time to time and according to account books of the complainant a sum of Rs. 24,58,589/ - is outstanding balance which is payable by the accused to the complainant and in order to discharge the part of their liability the accused issued a cheque bearing No. 588887 dated 01.10.2009 for a sum of Rs. 3,00,000/ - drawn on Oriental Bank of Commerce, S.C.O -44, Opp. District Secretariat, Ladowali Road, Jalandhar, in favour of the complainant with the assurance that same would be honoured on presentation. However, on its presentation the said cheque was returned back dishonoured vide memo dated 27.03.2010 with remarks "Insufficient Funds". Upon this, complainant got issued legal notice dated 24.05.2010 to the accused under Section 138 of the Negotiable Instruments Act through registered post as well as U.P.C. calling upon the accused to make the payment within the stipulated period of 15 days, but the accused failed to do so. Hence, the complaint was filed.

(3.) THE complainant, in order to prove his case, examined himself as CW1. Thereafter, statements of the respondents -accused under Section 313 Cr.P.C. were recorded wherein they pleaded complete innocence and false implication.