DARSHAN SINGH Vs. INDERJIT SINGH

JUDGEMENT

(1.) Applicant-Darshan Singh has filed this application under Sec. 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Inderjit Singh, challenging the impugned judgment dtd. 21/10/2017 passed by learned Judicial Magistrate 1st Class, Jagraon, 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 Darshan Singh filed a complaint against accused Inderjit Singh under Sec. 138 of the Negotiable Instruments Act. As per complainant's version, in order to discharge his liability and to clear his debts towards the complainant, accused issued a cheque bearing No.265521 dtd. 13/5/2011 for a sum of Rs.2.00 lakhs, which on presentation for encashment, was returned back unpaid with the remarks "Funds Insufficient". Legal notice was served. When the amount was not paid, then the complaint was filed within time.