MAJOR SINGH Vs. MAKHAN SINGH

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) Cr.P.C. against Makhan Singh for grant of leave to appeal against the impugned judgment dtd. 15/11/2017 passed by learned Judicial Magistrate Ist Class, Talwandi Sabo, vide which the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') read with Sec. 420 IPC 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 the applicant has prima facie a good case in his favour. It has, therefore, been prayed that this application be allowed and leave be granted to the applicant to file appeal.

(3.) As per the averments made in the complaint, the accused borrowed Rs.1,41,000.00 from the complainant and in discharge of his legal liability issued cheque No.866199 dtd. 21/8/2014 for Rs.1,41,000.00, which on presentation for encashment was returned back with the remarks "insufficient funds". Legal notice was given. When the amount was not paid, the complaint was filed within statutory period.