GURVIR SINGH Vs. MANJINDER SINGH

JUDGEMENT

(1.) complainant Gurvir Singh has preferred this appeal to challenge the judgment dtd. 18/8/2012 passed in a complaint case No. 240 of 1/12/2010, whereby the Chief Judicial Magistrate, Sangrur acquitted the accused Manjinder Singh (respondent herein) in complaint case under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) The complainant had set up a case that the accused had borrowed a sum of Rs.27,00,000.00 from him for his urgent business needs with a promise to return the same within a short period. The entire amount was paid in cash by the complainant to the accused. It is pleaded that through cheque bearing No. 159974 dtd. 8/6/2010 for a sum of Rs.27,00,000.00 drawn at ICICI Bank, Branch Sangrur was issued by the accused in favour of complainant, however, the same was dishonoured on presentation with the remarks 'Account Closed'.

(3.) After summoning of the accused, the trial proceeded and the evidence of the prosecution was recorded. The trial Court after examining the evidence of the prosecution as well as defence, proceeded to acquit the accused.