PAWAN KUMAR Vs. SUNIL KUMAR

JUDGEMENT

(1.) Leave to appeal has been sought against the judgment of acquittal passed by the Judicial Magistrate, Ist Class, Rajpura dated 30.10.2017 while deciding criminal complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881").

(2.) Criminal prosecution was launched by the appellant alleging that the cheque dated 15.02.2016 issued in discharge of legal liability by the accused for a sum of '2,90,000/- drawn on Oriental Bank of Commerce, SSI Branch, Rajpura, has been dishonoured with the remarks "Funds Insufficient" and in spite of notice demanding the amount, payment has not been made.

(3.) Learned Judicial Magistrate has found that no doubt holder of cheque has a statutory presumption in terms of Sections 118 and 139 of the Act of 1881, however, there is a doubt in the case set up by the prosecution for following reasons:-