ANIL KUMAR Vs. KARAMVIR SINGH

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) Cr.P.C. against Karamvir Singh for grant of leave to appeal against the impugned judgment dtd. 27/11/2014 passed by learned Judicial Magistrate Ist Class, Safidon, 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 the learned trial Court has erred in acquitting the respondent. It has also been stated that the findings of the learned trial Court are based on surmises and conjectures and are contrary to law and evidence on the file. 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 a sum of Rs.3.00 Lakhs orally from the complainant for domestic purposes on 10/10/2012. In lieu of this advance, accused issued cheque No.220861 dtd. 24/12/2012 in favour of complainant. The complainant deposited this cheque for collection with Punjab National Bank, Safidon, but the same was returned unpaid with the remarks "account closed" vide memo dtd. 28/12/2012 of HDFC Bank. Legal notice was given. When the amount was not paid, the complaint was filed.