P.R. TEXTILES Vs. ORION FABRICS PVT. LTD.

JUDGEMENT

(1.) The complainant (applicant herein) has filed the present application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 23.01.2012 passed by the learned Judicial magistrate, Ist Class, Amritsar, whereby the complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act), was dismissed and the accused was acquitted.

(2.) It may be noticed that against the impugned judgment, the applicant had initially filed an appeal before the learned Sessions Court, Amritsar. However, vide order dated 12.1.2016 passed by the Additional Sessions Judge, Amritsar, the said appeal was dismissed as withdrawn being not maintainable. Thereafter, the applicant filed the present application seeking leave to appeal with delay of 1457 days, which was condoned vide order dated 9.4.2019 passed by this Court.

(3.) Complainant-M/s P.R. Textiles, a registered partnership firm, filed a complaint under Section 138 of the Act against the accused-Company, inter-alia, on the grounds that the accused had purchased goods from the complainant and towards the payment thereof, it had issued a cheque dated 12.4.2006 in favour of the complainant for an amount of Rs.1,03,400/-; that upon presentation of the said cheque for encashment, the same got dishonoured and returned by the Bank with the remarks payment stopped by drawer "? and that the complainant had served upon the accused a legal notice dated 25.4.2006, but despite the service of said notice, the accused failed to make the payment.