LAWS(P&H)-2017-3-226

GURSEWAK SINGH Vs. KAMALDEEP SINGH ALIAS SONY

Decided On March 24, 2017
GURSEWAK SINGH Appellant
V/S
Kamaldeep Singh Alias Sony Respondents

JUDGEMENT

(1.) This criminal miscellaneous application has been filed under Section 378(4) Cr.P.C. against Kamaldeep Singh alias Sony-respondent seeking grant of leave to file appeal against the impugned judgment of acquittal dated 26.8.2015 passed by learned Judicial Magistrate 1st Class, Fatehgarh Sahib, vide which the complaint filed under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') had been dismissed and the accused/respondent has been acquitted.

(2.) It has been mainly submitted in the application that the applicant is filing the accompanying criminal appeal against the judgment of acquittal which is likely to succeed as per grounds mentioned therein. It has, therefore, been prayed that this application seeking leave to file appeal be allowed and leave be granted to the applicant to file appeal.

(3.) From the record, I find that Gursewak Singh-complainant filed a complaint against Kamaldeep Singh alias Sony-accused/respondent under Section 138 of the NI Act. It has been stated in the complaint that the accused in order to discharge his legal liability, issued a cheque bearing No. 000002 dated 19.6.2014 for Rs. 1,50,000/- which on presentation returned back unpaid with the remarks "funds insufficient". Legal notice was issued and when the amount was not paid, the complaint was filed.