Paramjeet Singh, 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 24.10.2013 passed by learned Judicial Magistrate Ist Class, Ferozepur whereby complaint filed by applicant under Section 138 of the Negotiable Instruments Act has been dismissed and respondent has been acquitted of the notice of accusation issued against him.
(2.) Brief facts of the case are that a complaint was filed by the applicant-complainant under Section 138 of the Negotiable Instruments Act, 1881 alleging that accused purchased building material from the complainant-firm vide bill No. 201 dated 31.08.2010 for an amount of Rs. 2,74,245/-, bill No. 365 dated 12.09.2010 for an amount of Rs. 1,45,464/- and bill No. 366 dated 25.09.2010 for an amount of Rs. 2,08,364/- and the accused had paid an amount of Rs. 1,10,000/- only in cash and in order to discharge his partial liability regarding the above said outstanding amount the accused issued cheque No. 000766 dated 5.9.2010 and cheque No. 001119 dated 24.09.2010 drawn from his account bearing No. 6330201100055 at Bank of India, Mukatsar. On the assurance given by the accused, the complainant presented the said cheques for clearing to the banker of the accused but the said cheques were dishonoured by the banker of the accused vide separate memos dated 22.12.2010 and 16.12.2010 with the remarks "insufficient funds" and were returned alongwith the memos to the complainant. As required under Section 138 (b) of the Negotiable Instruments Act, the complainant made a demand from the accused for payment of the aforesaid amount of cheque by a notice dated 07.01.2011 through his counsel namely Sh. V.D. Madhar Advocate within 30 days of the receipt of information by the complainant from his bank regarding the return of the cheques as unpaid. The accused have intentionally evaded the service of notice. He further pleaded that as required under Section 138(c) of the aforesaid Act, the accused was given a time of fifteen days from the receipt of the said notice, to make the payment of the amount of the said cheque to the complainant being the payee of the aforesaid cheque. The accused failed to make the payment for the amount of the cheque in question to the complainant and has thus committed offence punishable under Sections 138/142 of the Negotiable Instruments Act.
(3.) On the basis of preliminary evidence, notice of accusation for commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 was served upon the accused respondent to which he pleaded not guilty and claimed trial.;