SANJEEV KUMAR Vs. DEVENDER KUMAR ALWADHI

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) Crimial P.C. against Devender Kumar Alwadhi for grant of leave to appeal against the impugned judgment dated 23.10.2013 passed by learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, 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-respondent 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 totally ignored the evidence and proposition of law while dismissing the complaint. 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, accused-Devender Kumar Alwadhi in discharge of his existing liability towards the complainant, issued two cheques bearing No.757064 dated 14.3.2009 for Rs. 40,000.00 and cheque No.757065 dated 15.3.2009 for Rs. 35,000.00, which on presentation for encashment returned with the remarks "funds insufficient". Legal notice was given. When the amount was not paid, the complaint was filed.