SURENDER Vs. DESHRAJ

JUDGEMENT

(1.) The present application for grant of leave to appeal has been filed against the judgment dated 16.09.2013 passed by the Sub Divisional Judicial Magistrate, Mohindergarh, whereby, the Criminal Complaint No.19 of 2011 filed under Section 138 of the Negotiable Instruments Act, 1881 has been dismissed on account of non-appearance of the complainant/his counsel only on one date, which resulted into acquittal of accused in view of Section 256 Cr.P.C.

(2.) Briefly, the facts of the case are that the accused-respondent took a loan of Rs.10,000/- from the applicant and to discharge his legal liability and issued one cheque bearing No.1193829 dated 01.12.2010 drawn on Oriental Bank of Commerce, Mohindergarh Branch. However, when the complainant presented the cheque, it was dishonoured by the bank with remarks "funds insufficient". Thereafter, a legal notice dated 04.01.2011 was served upon the respondent requesting him to make good the payment of the cheque in dispute but there was no response and subsequently, the complaint was filed after expiry of period of limitation.

(3.) The accused-respondent was summoned to face trial vide summoning order dated 20.04.2011. The case was fixed on various dates and only the applications for exemption from personal appearance were filed, which were allowed. On 16.09.2013, the case was fixed for hearing but none appeared on behalf of the complainant/applicant and the complaint was dismissed in view of Section 256 Cr.P.C and the accused was acquitted of the charge by Sub Divisional Judicial Magistrate, Mohindergarh vide order dated 16.09.2013. Thereafter, the said order dated 16.09.2013 was challenged before the Sessions Judge, Narnaul which was dismissed as withdrawn being not maintainable.