RANBIR SINGH Vs. UMED SINGH

JUDGEMENT

(1.) Applicants-Ranbir Singh and Amrit Kaur have filed this application under Section 378(4) Cr.P.C., 1973 seeking permission for leave to appeal against respondent Umed Singh, challenging the impugned judgment dated 30.03.2013 passed by learned Judicial Magistrate Ist Class, Bahadurgarh, vide which the accused-respondent was acquitted.

(2.) It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is, therefore, prayed that leave to appeal be granted.

(3.) As per the record, the complainants Ranbir Singh and Amrit Kaur filed a complaint against accused Umed Singh under section 138 of the Negotiable Instruments Act. As per complainants' version, in the month of January 2009, the accused was in need of Rs. 10,20,000/- for his domestic purposes. He requested the complainants to give a sum of Rs. 10,20,000/- and complainants paid the said amount to the accused on interest at the rate of 1% per month. After several requests, the accused in order to discharge his legally enforceable liability to repay the aforesaid loan amount, issued cheque bearing No. 519890 dated 24.04.2009 for Rs. 10,20,000/-, which on presentation for encashment was returned back with the remarks 'account closed'. Legal notice was served. When the amount was not paid, then the complaint was filed within time.