GURNAM SINGH Vs. PRABH DAYAL SAINI

JUDGEMENT

(1.) THIS is an application for grant of leave to appeal to challenge the order of acquittal dated July 30, 2007 passed by the Judicial. Magistrate 1st Class, Karnal in complaint filed by applicant/appellant under Section 138 of the Negotiable Instrument Act.

(2.) THE complaint was dismissed for the sole reason that after the cheque issued by the respondent was returned with the remarks "insufficient funds", a legal notice was sent by the applicant/appellant for payment of double of the amount. The notice was not held to be valid and consequently, the complaint was dismissed. Reliance was placed upon judgment of Hon'ble the Supreme Court in Suman Sethi v. Ajay K. Churiwal and another, 2000(1) RCR(Criminal) 780 : AIR 2000 SC 828 wherein it was opined that in case the notice does not specify the amount in terms of the cheque, the same will not satisfy the legal requirement. Learned counsel for the applicant/appellant has not been able to cite any judgment taking a view contrary thereto. Once learned Judicial Magistrate 1st Class has dismissed the complaint relying upon a judgment of Hon'ble the Supreme Court; no case for leave to appeal is made out.