NARESH KUMAR Vs. PARDEEP KUMAR

JUDGEMENT

(1.) Applicant-Naresh Kumar has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Pardeep Kumar, challenging the judgment dated 02.08.2014 passed by learned Judicial Magistrate Ist Class, Hisar, whereby the accused-respondent was acquitted.

(2.) It is mainly stated in the application that balance of convenience lies in favour of the present applicant and the applicant has a good case on merits. It is, therefore, prayed that leave to file appeal be granted to the applicant.

(3.) As per the record, the complainant Naresh Kumar filed complaint against accused Pardeep Kumar under Section 138 of the Negotiable Instruments Act. As per complainant's version, accused had approached the complainant for advancing a loan of Rs. 18 lakhs for his business purpose. The accused in discharge of his outstanding liabilities, issued a cheque bearing No.826913 dated 11.01.2011 for a sum of Rs. 18 lakhs in favour of the complainant, which on presentation for encashment, was returned back unpaid with the remarks 'Funds Insufficient'. Legal notice was issued. The accused sent reply through his counsel that the cheque was only for an amount of Rs. 1000/-. When the amount was not paid, then the complaint was filed well within time.