VIKRAM SINGH Vs. NAVEEN SIWATCH

JUDGEMENT

(1.) The appellant has filed the present appeal against order dated 13.10.2016 passed by the Judicial Magistrate Ist Class, Hisar in Complaint Case No.1808-II of 2015 titled 'Vikram Singh Vs. Naveen Siwatch' filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') whereby the above-said complaint was dismissed due to non-appearance of the appellant/complainant under Section 256 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') and the respondent-accused was acquitted.

(2.) Briefly stated the facts giving rise to the filing of the appeal are that appellant/complainant filed above-said complaint on the averments that the respondent/accused issued Cheque No.031411 dated 17.04.2013 for Rs.6,50,000/- drawn on HDFC Bank, Gurugram in discharge of subsisting liability under the friendly loan taken in February, 2013 but on presentation the said cheque was dishonoured with remarks 'Funds Insufficient' and 'Account Closed'. Despite service of notice the respondent/accused did not pay the amount of the cheque within the prescribed period. Preliminary evidence of the complainant was recorded and thereupon respondent/accused was summoned. Notice of acquisition was given and evidence of the appellant/complainant was recorded. Thereafter, statement of the respondent/accused under Section 313 of the Cr.P.C. was recorded wherein the accused denied the commission of alleged offence. Respondent/accused filed application for comparison of his hand-writing. Reply to the application was filed by the appellant/complainant. While the case was fixed for arguments on the above-said application, the appellant/complainant absented on which the complaint was dismissed for non-prosecution as mentioned above.

(3.) Feeling aggrieved from the same, the complainant has filed present appeal.