ASHA Vs. SHAMSHER SINGH

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) Cr.P.C. against Shamsher Singh- respondent seeking grant of leave to file appeal against the impugned judgment of acquittal dtd. 9/5/2016 passed by learned Judicial Magistrate Ist Class, Ferozepur, whereby the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') has been dismissed and the accused-respondent has been acquitted of the charge as framed against him.

(2.) It has been mainly stated in the application that the accompanying appeal is being filed against the judgment dtd. 9/5/2016 passed by learned learned Judicial Magistrate Ist Class, Ferozepur, which is likely to succeed on the grounds mentioned therein. It has been stated that 1 of 5 Cr. Misc. No.A-1231-MA of 2016 [2] all the facts and circumstances of the case did not appear to have been properly appreciated by the learned trial Court while acquitting the respondent in this case. The impugned judgment of acquittal is legally not sustainable and is liable to be set aside in acceptance of the appeal. It has, therefore, been prayed that this application be allowed and special leave to appeal be granted.

(3.) From the record, I find that Asha-complainant filed complaint against Shamsher Singh under Sec. 138 of the NI Act. It has been mainly stated in the complaint that accused had obtained a loan of Rs.51,575.00 from the complainant and in order to discharge the above said liability, he issued cheque bearing No.985315 dtd. 20/11/2012 for an amount of Rs.51,575.00, which on presentation for enactment returned back with the remarks "insufficient funds". Legal notice was issued to the accused, but the accused failed to pay the cheque amount within the statutory period, hence the present complaint was filed.