BHAGWAN DAS Vs. TEK SINGH THANVI

JUDGEMENT

(1.) The instant application for grant of leave to appeal has been preferred by the applicant-complainant Bhagwan Das seeking to assail the judgment dated 21.8.2018 passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No. 5 Jodhpur Metro in Criminal Original Case No. 32/16 (NCV No. 6121/2017) whereby the learned Trial Court acquitted the respondent Tek Singh from the charge under Section 138 of the N.I. Act.

(2.) I have heard and considered the submissions advanced by learned Counsel Shri Hemant Bhati, Associate to Shri Sanjay Nahar, Advocate representing the applicant-complainant and learned Counsel Shri D.S. Gharsana representing the respondent (acquitted accused) and have gone through the impugned judgment as well as the record.

(3.) The complainant filed the complaint under Section 138 of the N.I. Act with the allegation that he and the accused were on good terms and thus, he gave a loan of Rs. 5,00,000/- to the accused owing to friendly terms between them so that he could meet his personal needs. The accused gave the post dated cheque No. 024417 dated 20.2.2016 drawn on Punjab National Bank, Mahatma Gandhi Hospital Road, Jodhpur for a sum of Rs. 5,00,000/- to the complainant so as to reimburse the loan amount. The cheque was presented for encashment but it was dishonoured owing to insufficiency of funds. The complainant gave a notice to the accused respondent under Section 138 of the N.I. Act. The accused replied to the said notice with totally false assertions. The complainant gave a rejoinder notice to the accused and then the complaint came to be filed before the learned Trial Court as the accused had failed to discharge the legally enforceable debt.