ASHOK SAINI Vs. BRIJESH KUMAR

JUDGEMENT

(1.) The applicant has filed the present application under Sec. 378(4) Cr.P.C. with a prayer to grant the leave to appeal against the impugned judgment of conviction dtd. 14/10/2014 passed by the Judicial Magistrate 1st Class, Mohindergarh, whereby, the respondent has been acquitted of the notice of accusation under Sec. 138 of the Negotiable Instruments Act 1881 (hereinafter to be referred as 'the Act').

(2.) The applicant had filed the present complaint against the respondent/accused by alleging that the respondent in discharge of his legal liability had issued cheque bearing No. 563118-000022000 dtd. 27/9/2009 from his Account No. 07422151003120 for a sum of Rs.4.00 lakhs in favour of the applicant and had assured that on presentation, the cheque would be encashed. However, vide memo dtd. 1/10/2009, the cheque was received back dishonoured with the remarks "funds insufficient". The applicant/complainant got a legal notice dtd. 3/10/2009 issued through registered post, which was replied by the respondent on 14/10/2009. It was further alleged in the complaint that despite receiving the statutory notice, the respondent failed to make the payment within a period of 15 days and the complaint was presented before the trial Court.

(3.) After examining the applicant as CW1, the trial Court found a prima facie case was made out against the respondent and he was summoned to face trial under Sec. 138 of the Act. After his appearance, the notice of accusation under Sec. 138 of the Act was served upon the respondent, to which, he pleaded not guilty and claimed trial. During the course of trial, the applicant stepped into the witness box as CW1 and tendered his sworn affidavit Ex.CW1/A. Sanjay Clerk OBC Bank was examined as CW2 and Kuldeep Yadav as CW3. Thereafter, the evidence was closed.