SURINDER KAUR Vs. KULWANT SINGH DHILLON

JUDGEMENT

(1.) The applicant has filed the present application under section 378(4) of the Code of Criminal Procedure, 1973 for grant of leave to appeal, against the judgment dated 07.10.2016 passed by learned Judicial Magistrate 1st Class, Chandigarh, whereby the respondent was acquitted of the charge framed against him in a criminal complaint filed against him under section 138 of the Negotiable Instruments Act, 1881 (for short, the Act).

(2.) Briefly stated, it is the case of the applicant-complainant that the respondent-accused in discharge of his legal and financial liability had issued a cheque bearing No.608692 dated 19.03.2014 amounting to Rs. 20 lakhs drawn on Centurion bank of Punjab Limited, Chandigarh in favour of the applicant. The said cheque when presented by the applicant for encashment with her banker, was dishonoured with the remarks "insufficient funds/refer to drawer" vide memo dated 203.2014. Thereafter, the applicant served a legal notice to the respondent on 20.04.2014 requesting him to make the payment of the cheque in dispute, but the respondent failed to do so. Hence, the complaint.

(3.) After recording the preliminary evidence, the respondent was summoned to face trial vide order dated 006.2014. Finding a prima facie case, the respondent was served with the notice of accusation under Sec. 138 of the Act vide order dated 11.05.2015 passed by the trial Court, to which the respondent did not plead guilty and claimed trial.