- (1.) CRL .Misc.A.No.3603 of 2014 Application allowed as prayed for.
(2.) THIS is an application preferred under Section 378 (4) of the Code of Criminal Procedure for grant of special leave to appeal against the judgment dated 12.10.2010 passed by the learned Sessions Judge, Faridkot acquitting respondent No.1 - accused.
(3.) BRIEF facts are that the complainant, the present petitioner, namely, Bhagwan Singh preferred a complaint dated 19.8.2004 stating that M/s Chhibbar Motors, Kotkapura (for short to be referred as 'the firm') owed certain amount to the complainant and to clear such liability, the accused -firm through its partner, namely, Adarsh Chhibbar issued Cheque No.032342 dated 11.4.2004 drawn on Oriental Bank of Commerce, Satta Bazar, Kotkapura. The complainant is stated to have deposited the cheque to his Banker i.e. Punjab and Sind Bank, Sandhwan for encashment, but the same was dishonoured on account of insufficiency of funds. A legal notice dated 30.6.2004 was stated to have been sent through registered AD post within 30 days. The accused even after due service of notice having failed to make good the payment, the commission of offence under Section 138 read with Section 142 of the Negotiable Instruments Act was made out leading to the filing of the complaint. After recording preliminary evidence, the trial Court vide order dated 19.8.2004 summoned the accused to face trial. The trial Court vide order dated 3.12.2008 held the accused i.e. the respondent herein to be guilty for commission of offence punishable under Section 138 of the Negotiable Instruments Act and convicted him thereunder and vide order of even date i.e. 3.12.2008 sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/ -, and in default thereof, to further undergo imprisonment for one month. The appeal preferred by the accused, respondent No.1, has been accepted vide impugned judgment dated 20.10.2010 passed by the learned Sessions Judge, Faridkot and, accordingly, he stands acquitted.;