SHYAM LAL CHAUHAN Vs. RANJEET SINGH

JUDGEMENT

(1.) Petitioner seeks leave to appeal by this motion, as the Respondent was acquitted by the learned trial Court in complaint No. 43/3 of 2005 titled Shyam Lal v. Ranjeet Singh, under Section 138 of the Negotiable Instruments Act.

(2.) Heard and gone through the record.

(3.) Petitioner filed a complaint before the learned trial Court under Section 138 of the Negotiable Instruments Act, in short "the Act" with the specific allegations that the Respondent borrowed an amount of Rs. 3,50,000/ - for the construction of his house and development of Atta chaki (floor mill) and issued a cheque bearing No. 095318 dated 22.11.2004 payable at H.P. State Cooperative Bank Branch office at Narag District Sirmaur, H.P. to discharge his debt liability. When the cheque was presented to the Banker, it was returned with the remarks "exceeds arrangement". Thereafter a statutory notice was served requesting the Respondent to satisfy the debt, he failed. Thus, the complainant was filed before the learned trial Court, under Section 138 of the Act.