PARAMJIT SINGH DHILLON Vs. ARUN KUMAR

JUDGEMENT

(1.) The complainant (applicant herein) has filed the present application under Section 378(4) Cr.P.C. for grant of special leave to appeal against the judgment dated 23.08.2017 passed by the learned Judicial Magistrate, Ist Class, Jalandhar, 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.) As per the case of the applicant, mother of the respondent/accused, namely, Surinder Kaur had approached Gurkirpal Singh @ Gurdial Singh through applicant-Paramjit Singh Dhillon for purchase of the land measuring 4 kanal 5 marla and in order to discharge her legal debt/liability on behalf of his mother Surinder Kaur, the respondent-accused had issued cheque no. 115676 dated 30.11.2013 and cheque No. 115677 dated 30.11.2014 in the name of the applicant-complainant, being attorney of Gurkripal Singh @ Gurdial Singh. Accordingly, cheque No. 115676 dated 30.11.2013 was presented for encashment, but the same got dishnoured and the matter was reported to the police, whereupon the respondent/accused gave assurance that if the cheque is presented again, it will be honoured. However, again when cheque No. 115677 dated 30.11.2014 was dishonoured on 19.12.2014 with the remarks "insufficient funds"?. Thereafter, a legal notice was issued to the respondent-accused, but despite the service of said notice, the accused-respondent had failed to pay the cheque amount.

(3.) After recording the preliminary evidence, the respondent-accused was summoned to stand trial under Section 138 of the Act. After service of the notice of accusation, his statement under Section 313 Cr.P.C. was recorded, wherein he denied the incriminating material against him and claimed the trial. It was stated that the cheques were issued as security amount on behalf of the mother of the respondent-accused for purchase of land measuring 4 kanal 5 marla and that with the execution of the sale deed on 27.11.2012 by Gurkripal Singh @ Gurdial Singh, the cheque had been rendered infructuous as Gurkirpal Singh had received the entire sale consideration amount from Surinder Kaur, mother of the respondent-accused and mutation had also been sanctioned.