Paramjit Singh Patwalia, J. - (1.) THE instant application has been filed under Section 378(4) Cr. P.C. for grant of leave to appeal against the impugned judgment dated 08.03.2011 passed by the learned Judicial Magistrate 1st Class, Karnal, whereby respondent has been acquitted of the accusation under Section 138 of the Negotiable Instruments Act notice of which was served upon him. Brief facts of the case as mentioned in the impugned judgment are as under: - Complainant filed the present complaint under Section 138 of the Negotiable Instrument Act against the accused on the ground that accused borrowed a sum of Rs. 60,000/ - from the complainant in the month of May 2007 and promised to repay the same within few months. The accused to discharge his legal liability issued cheque bearing No. 155921 dated 31.8.07 for a sum of Rs. 60,000/ - in favour of the complainant. When the complainant deposited the cheque to his drawer bank, the Karnal Central Cooperative Bank Ltd. Mall Road, Karnal for encashment. The said cheque was returned back along with memo dated 24.9.07 with the remarks "Fund Insufficient". The complainant approached the accused and requested to pay the said cheque amount. The complainant served a registered AD legal notice upon accused vide registered AD receipt dated 5.10.2007 but accused did not pay the amount of the said cheque. Accused intentionally and deliberately cheated the complainant. Thus, he had committed an offence under Section 138 of Negotiable Instrument Act and prayed that accused may kindly be punished for the offence committed by him. Hence, this complaint.
(2.) ON the preliminary evidence, learned Judicial Magistrate First Class, Sirsa summoned the accused -respondent. Thereafter, accused was served with notice of accusation for offence punishable under Section 138 of the Negotiable Instruments Act, 1881, to which he pleaded not guilty and claimed trial. In order to prove the guilt of accused, complainant has examined Ankur Sharma as CW1 and complainant himself as PW3.
(3.) THEREAFTER , statement of the accused -respondent under Section 313 Cr. P.C. was recorded. All incriminating facts and circumstances were put to the accused wherein he pleaded complete innocence and false implication.;