RAJESH KUMAR Vs. BHOLA ALIAS PHOLA

JUDGEMENT

(1.) Applicant-Rajesh Kumar has filed this application under Sec. 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Bhola alias Phola, challenging the impugned judgment dtd. 21/8/2015 passed by learned Judicial Magistrate 1st Class, Yamunanagar at Jagadhri, vide which the accused-respondent was acquitted.

(2.) It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is, therefore, prayed that leave to appeal be granted.

(3.) As per the record, complainant Rajesh Kumar filed a complaint against accused Bhola alias Phola under Sec. 138 of the Negotiable Instruments Act. As per complainant's version, accused was having cordial relations with him. Accused borrowed a sum of Rs.40,000.00 from the complainant for purchasing spare parts and after receiving the amount, in discharge of his existing liability, accused issued a post-dated cheque bearing No.001316 dtd. 9/6/2014 in the sum of Rs.40,000.00, which on presentation for encashment, was returned back unpaid with the remarks "Funds Insufficient". Legal notice was served. When the amount was not paid, then the complaint was filed within time.