PRADEEP TIWARI Vs. PREM SAGAR PANDEY

JUDGEMENT

(1.) Applicant-Pradeep Tiwari has filed this application under Sec. 378 (3) Crimial P.C., 1973 seeking permission for leave to appeal against respondent Prem Sagar Pandey, challenging the impugned judgment dated 02.12.2014 passed by learned Judicial Magistrate Ist Class, Faridabad, 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 further stated that judgment of acquittal of the accused has caused grave miscarriage of justice. It is, therefore, prayed that leave to appeal be granted.

(3.) As per the record, the complainant Pradeep Tiwari filed a complaint against accused Prem Sagar Pandey under section 138 of the Negotiable Instruments Act. As per complainant's version, accused approached the complainant and borrowed a sum of '3,50,000.00 as friendly loan from the complainant for his personal use and promised to return the same within six months. Accused issued cheque bearing No.649911 dated 10.08.2011 for '3,50,000.00 in favour of the complainant, which on presentation for encashment was returned back dishonoured with the remarks ' Funds Insufficient'. Legal notice was served. When the amount was not paid, then the complaint was filed within time.