BALBIR SINGH @ DALBIR SINGH Vs. ARVIND

JUDGEMENT

(1.) This application seeking leave to appeal under Sec. 378(4) Cr.P.C., is directed against the concurrent judgments dtd. 21/8/2013 and 11/1/2013 passed by the learned Additional Sessions Judge, Panipat and the learned Judicial Magistrate 1st Class, Panipat whereby the respondent has been acquitted of the charges in a complaint case registered under Sec. 138 of the Negotiable Instrument Act, 1881 (hereinafter referred as 'Act').

(2.) Learned counsel for the applicant/complainant submits that the respondent had borrowed a sum of Rs.2,48,000.00 on 1/7/2007 from the applicant/complainant and in order to discharge his liability, he had issued a cheque to him for the same amount. However, the said cheque was dishonoured due to insufficient funds. The applicant had, firstly, served him a legal notice dtd. 7/4/2008 and thereafter, preferred the aforesaid complaint under Sec. 138 of Act which was dismissed by the trial Court vide the impugned judgment, without appreciating the evidence.

(3.) On the other hand, learned counsel for the respondent submits that the respondent has been falsely implicated in this complaint while he has nothing to pay to the applicant/complainant. He had not issued any cheque to the complainant against any legally enforcement debt. Learned counsel also submits that the cheque in question is a part of series of pre-signed cheques which were issued for installment against finance/loan of a vehicle and was misused by the complainant with the assistance of one Ved Pal.