RAMAN FINANCE CORPORATION Vs. HARMEET SINGH

JUDGEMENT

(1.) THIS petition has been filed for leave to appeal to challenge acquittal of the respondent of the charge under Section 138 of the Negotiable Instruments Act, 1881.

(2.) CASE of the complainant is that cheque bearing No. 627399 dated 8.11.2004 for an amount of Rs. 4,50,000/- was issued by the respondent in favour of the complainant, which was presented to the Banker but was dishonoured for insufficient funds. After serving notice and failure of the respondent to make the payment, complaint was filed.

(3.) THE Trial Court dismissed the complaint, holding that presumption that the cheque was issued by the accused in favour of the complainant in discharge of his liability, stood rebutted. The relevant finding is as under :