VINOD KUMAR Vs. DAVINDER SINGH

JUDGEMENT

(1.) Applicant-Vinod Kumar has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Davinder Singh, challenging the impugned judgment dated 20.01.2017 passed by learned Judicial Magistrate Ist Class, Ludhiana, vide which the accused-respondent was acquitted.

(2.) It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is, therefore, prayed that leave to appeal be granted.

(3.) As per the record, complainant Vinod Kumar filed a complaint against accused Davinder Singh under Section 138 of the Negotiable Instruments Act read with Section 420 IPC. As per complainant's version, accused was in friendly relation with him. Accused was in need of money and approached the complainant for financial help. On request of the accused, complainant gave a sum of Rs. 2,20,000/- to the accused and in order to discharge his liability, accused issued a cheque bearing No.221595 dated 14.03.2013 for a sum of Rs. 2,20,000/- in favour of the complainant, which on presentation for encashment, was returned back dishonoured with the remarks 'account closed'. Legal notice was served. When the amount was not paid, then the complaint was filed within time.