SURJIT KAUR Vs. VIMMI

JUDGEMENT

(1.) Respondents had faced trial in a complaint filed by the applicant under section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short) qua dishonour of cheque dated 4.2.2013 in the sum of Rs. 85,000/-. Trial Court, vide order dated 4.9.2015, ordered the acquittal of the respondents. Hence, the present application under section 378(4) of the Code of Criminal Procedure, 1973 for grant of leave to appeal.

(2.) It is submitted on behalf of the applicant that the trial Court has misread the evidence led by the appellant-complainant. From the evidence led by the appellant, it is proved that the cheque Exhibit C1 was dishonoured by the Bank and the appellant, while appearing as CW1, has also approved that the accused had taken a friendly loan from the complainant and, in lieu thereof, he had issued the cheque and,therefore, the same was issued in discharge of his legal liability.

(3.) I have heard the learned counsel for the applicant and have gone through the record available on the file carefully.