DALJIT SINGH Vs. DARSHANA DEVI

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) Cr.P.C. against Darshana Devi for grant of leave to appeal against the impugned judgment dtd. 13/4/2015 passed by learned Judicial Magistrate Ist Class, Chandigarh, vide which the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') has been dismissed and the accused has been acquitted of the charges as framed against him.

(2.) It has been mainly submitted in the application that the applicant is filing the accompanying criminal appeal against the judgment of acquittal which is likely to succeed as per grounds mentioned therein. It has been stated that it would be in the interest of justice that leave to appeal be granted and the appeal be heard on merits. It has, therefore, been prayed that this application be allowed and leave be granted to the applicant to file appeal.

(3.) The brief facts of the case as noted down by learned Judicial Magistrate Ist Class, Chandigarh, in his judgment dtd. 13/4/2015 are as under:--