KARTAR SINGH CONTRACTOR Vs. GALAXIE CONSTRUCTIONS

JUDGEMENT

(1.) Through this application under Section 378(4) Cr.P.C., prayer has been made for grant of Special Leave to file accompanying appeal against the judgment of trial Court dated 01.10.2013, whereby complaint filed by applicant under Section 138 of the Negotiable Instruments Act, 1881 (for short-'the Act') was dismissed and respondents were acquitted.

(2.) Briefly, applicant filed a complaint under Section 138 of the Act, on the allegations that respondents had issued three cheques bearing Nos. 028986 dated 12.06.2007 of Rs.5,75,000/-; 028987 dated 12.07.2007 of Rs.5,75,000/- and 028988 dated 12.08.2007 of Rs.5,76,577/-, to discharge their liability, which on presentation to the bank had bounced. After holding trial, the said complaint of the applicant was dismissed by the trial Court vide judgment impugned herein.

(3.) Learned counsel for the applicant inter alia contends that the trial Court has failed to appreciate that respondents have admitted their signatures on the cheques in question and that they belonged to their bank account. Respondent No. 2-SK Garg, Proprietor of respondent No. 1 admitted in his statement under Section 313 Cr.P.C., that he had issued cheques in question to the applicant. However, the trial Court without any corroborative evidence, what to talk of cogent and convincing, acquitted him on his bald statement that cheques in question were issued as security. Referring to judgment of Apex Court in Krishna Janardhan Bhat Vs. Dattatraya G. Hegde, 2008 1 CriCC 983 (SC), the trial Court illegally acquitted the respondents, which has been overruled by Hon'ble Supreme Court, vide judgment in Rangappa Vs. Mohan, 2010 AIR(SC) 1898.