CHITTORGARH KENDRIYA SAHKARI BANK LTD. Vs. HEERA SINGH

JUDGEMENT

(1.) This criminal leave to appeal has been preferred by the appellant-bank seeking leave to file appeal against the judgment dated 24.10.2016 passed by the Judicial Magistrate, Chittorgarh (hereinafter referred to as 'the trial court') in Regular Criminal Case No.598/2013, whereby the trial court has acquitted the accused respondent for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'the NI Act').

(2.) Brief facts of the case are that the appellant is a Nationalised Bank and is in business of advancing loan to it's customers. On behalf of it a complaint was filed under Section 138 of the NI Act before the trial court on 29.10.2012 with the allegations that the respondent is working in the Western Railway and a loan was given to him by the appellant-bank in the Ridhi Sidhi Scheme. It is alleged that for repayment of the said loan, the respondent gave a cheque to the appellant-bank bearing Cheque No.329401 dated 13.08.2012 of amounting to Rs.72,405/- payable at Punjab National Bank, Branch Pratap Nagar, Chittorgarh with the assurance that on presenting the said cheque in the concerned bank, the same will be realised. It is alleged that when the said cheque was presented for realisation in the concerned bank the same was returned with the remark of insufficient fund. It is contended that thereafter a registered notice dated 17.08.2012 was served upon the accused respondent by the appellant-bank through it's advocate, which was received by the accused respondent on 15.09.2012, but despite that he did not make the payment of the said cheque and, therefore, this complaint.

(3.) The trial court took cognizance against the accused respondent for the offence punishable under Section 138 of the NI Act on 05.02.2013 and, thereafter, framed charge for the aforesaid offence against him on 28.01.2014.