MANCHANDA AGENCIES Vs. SANMEET SINGH

JUDGEMENT

(1.) As per office report dtd. 8/12/2018, respondent was duly served, but none has represented him till date. Through this application under Sec. 378(4) Cr.P.C., prayer has been made for grant of leave to file accompanying appeal against the judgment of the trial Court dtd. 10/3/2017, whereby respondent was acquitted, while dismissing the complaint of the applicant under Sec. 138 of the Negotiable Instruments Act, 1881 (for short-'the Act').

(2.) In nutshell, applicant filed a complaint under Sec. 138 of the Act, against the respondent for bouncing of his cheque of Rs.37,000.00. The trial Court after holding trial, dismissed the complaint of the applicant, vide judgment impugned herein. Learned counsel for the applicant inter alia contends that the trial court has erred in dismissing the complaint on the following grounds:-

(3.) Sec. 139 of the Act, speaks about drawing of presumption in favour of the holder of the cheque. Therefore, the trial Court was outrightly required to draw presumption in favour of the applicant being holder of the cheque in question, as the same was never rebutted.