JASPREET SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) CrP.C. against Baljit Singh for grant of leave to appeal against the impugned judgment dtd. 5/7/2017 passed by learned Judicial Magistrate 1st Class, Patiala, vide which the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act) 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 if the leave to appeal is not granted the complainant/ appellant would suffer irreparable loss and injury. 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 and his son, namely, Manpreet Singh were known to the complainant and there exist friendly relationship. They have taken Rs.1.5 Lakhs on various dates that is on 19/1/2015 Rs.90,000.00 through cheque No.255891 and Rs.50,000.00 on 20/1/2015 through cheque No.255892 and Rs.10,000.00 in cash on 20/1/2015 for the purpose of handing over the same to Sandeep Kaur, with whom son of accused (Manpreet Singh) was having a matrimonial dispute. Written agreement was also executed on 21/1/2015 in the presence of witnesses. It is also stated that on 15/3/2015, the complainant demanded his money back and in order to discharge his liability, the accused issued cheque No.000004 dtd. 20/3/2015 for a sum of Rs.1.5 Lakhs, which on presentation for encashment was returned back with the remarks "payment stopped". Legal notice was given. When the amount was not paid, the complaint was filed.