KAMAL KUMAR Vs. ARUN KALIA AND ANOTHER

JUDGEMENT

(1.) This order will dispose of application filed under Sec. 378 (4) Cr.P.C to grant special leave to appeal against judgment dated 3.10.2015 passed by the learned Judicial Magistrate Ist Class, Jalandhar whereby the complaint filed by the complainant under Sec. 138 of the Negotiable Instrument Act, was dismissed.

(2.) Complainant has claimed that he was a book binder and accused No.1 is running a printing press in the name and style of Syndicate Printers. Parties are having friendly relations. Accused No.1 approached the complainant and told him that he is in need of money for purchasing some machinery and papers etc. Since, accused No.1 had developed close relations with the complainant, complainant advanced loan of Rs.7,00,000.00 to the accused as friendly loan after withdrawing the same from his account.

(3.) In order to discharge the liability, accused no.1 issued a post dated cheque bearing No.045985 dated 30.05.2013 for a sum of Rs.7,00,000.00. When the cheque was presented, the said cheque was dishonoured by the banker of accused no.1 vide return memo datd 05.06,2013 with the remarks Payment Stopped by Drawer . On the assurance of the accused No.1, complainant again presented the said cheuqe but the same was again dishonoured vide memo dated 26.07.2013 with same remarks. After the complainant led the preliminary evidence, accused was summoned and was served with notice of accusation under Sec. 138 of the Negotiable Instrument Act.