MADAN LAL SAWHNEY Vs. SATPAL GUPTA

JUDGEMENT

(1.) APPELLANT Madan Lal sawhney's complaint against Satpal Gupta/ respondent accusing him of having committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881, wherein he had accused him of having stopped payment of three cheques which he had issued to the appellant for the amount he had borrowed from him, as a result whereof the Jammu and Kashmir Bank lakhdata Bazar, Jammu had returned the cheques to him unpaid, was dismissed by judicial Magistrate 1st Class (Sub-Judge), jammu vide his order of November 24,2003.

(2.) AGGRIEVED by the dismissal of his complaint resulting in respondent's acquittal, the appellant has preferred this appeal after obtaining Special Leave under Section 417 of the Criminal Procedure Code 1989.

(3.) APPEARING for the appellant, Mr. V. R. Wazir submitted that the learned Magistrate had committed error in appreciating the appellant's evidence and relying heavily on the respondent's evidence. Appellant's evidence on the records was sufficient enough to entail respondent's conviction under Section 138 of the Negotiable Instruments Act, 1881, says the learned counsel.