JANAK RAJ Vs. STATE OF HARYANA

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 11.04.2013, 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.) It is contended that the learned trial Court dismissed the complaint without appreciating the fact that the cheque bearing No. 042496 dated 15.05.2008 of Rs. 3,86,000/- issued by the respondent towards discharge of his liability, stood dishonoured with the remarks 'account closed'. The respondent did not reply to the legal notice served upon him by the applicant. The respondent has not denied his signature on the cheque but the trial Court erred in not taking into consideration this aspect of the matter.

(3.) Heard.