NEELAM SAINI Vs. MANOJ KUMAR RAI

JUDGEMENT

(1.) Applicant has filed the present application under Section 378(4) Cr.P.C. seeking leave to file appeal against the judgment dated 21.01.2015 passed by the learned Judicial Magistrate Ist Class, Gurgaon, vide which the respondent-accused has been acquitted of the notice of accusation served upon him in a complaint filed under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 (for brevity, 'N.I.Act').

(2.) As per the stand of the applicant, the respondent, being a neighbour, borrowed Rs.1,50,000/- from the applicant as a friendly loan. When the applicant asked the respondent to discharge his liability, he issued a cheque bearing No.404309 dated 27.08.2013, amounting to Rs.1,50,000/- in favour of the applicant. However on presentation for encashment, the same was returned with the remarks 'Insufficient Funds' vide memo dated 31.01.2013. Thereafter, a legal notice was sent to the respondent, but he failed to discharge the liability.

(3.) The trial Court had carved out the following points, which were required for the complainant to establish on the record: