SATWINDER SINGH Vs. SEWA

JUDGEMENT

(1.) Applicant-Satwinder Singh has filed this application under Section 378(4) Cr.P.C., 1973 seeking permission for leave to appeal against respondent Sewa, challenging the judgment dated 05.06.2015 passed by learned Judicial Magistrate Ist Class, Batala, whereby 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 complainant Satwinder Singh filed a complaint against accused Sewa under section 138 of the Negotiable Instruments Act. As per complainant's version, accused borrowed a sum of Rs. 1,71,000/- from the complainant for enhancement of his business and in lieu of that, the accused has drawn a cheque bearing No.367883 dated 18.12.2012 for Rs. 1,71,000/-, in discharge of his liability towards the complainant, which on presentation for encashment, was returned back with the remarks 'Funds Insufficient'. Legal notice was served. When the amount was not paid, then the complaint was filed within time.