ATAMJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This application has been filed under Section 378(4) of the Code of Criminal Procedure seeking grant of special leave to appeal against the judgment dated 21.11.2014, passed by the Chief Judicial Magistrate, Moga, vide which, the complaint bearing No. 39-2 dated 02.04.2013, filed by the applicant-complainant, under Sections 138(b)/142 of the Negotiable Instruments Act, 1881, was dismissed.

(2.) Brief facts of the case are that the applicant-complainant filed the aforesaid complaint with the allegations that in order to discharge the liability of a loan of Rs. 70,000/-, the respondent-accused issued a cheque No. 543112 dated 01.03.2013 for Rs. 70,000/-, drawn on Canara Bank from his saving account. When the applicant-complainant presented the said cheque to the Bank, the same was returned with the remarks 'insufficient funds', vide memo dated 11.03.2013. Thereafter, the complainant served a legal notice dated 16.03.2013 upon the respondent accused at his known address, however, the respondent-accused failed to respond or clear his liability of the cheque amount. Thereafter, the present complaint was filed. In the preliminary evidence, the applicant-complainant appeared himself as CW-1 and deposed on the version given in the complaint. The applicant-complainant tendered in evidence the cheque Ex. C-1, bank memo Ex. C-2, legal notice Ex. C-3 and postal receipt Ex. C-4.

(3.) Thereafter, the trial Court, vide order dated 03.04.2013, summoned the respondent-accused to face trial. Respondent-accused appeared before the trial Court and was released on bail. The respondentaccused, as per his statement dated 26.09.2013, did not plead guilty and claimed trial. The case was then fixed for post charge evidence of the complainant.