INDERJIT SINGH,J. - (1.) CRM-10079-2016 For the reasons mentioned in the application, the same is allowed. Delay of 32 days in filing the application seeking leave to appeal, is condoned. CRM-A-607-MA-2016 Applicant-Bhupender Singh has filed this application under Section 378 (4) of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') seeking permission for leave to appeal against respondent- Manju Aggarwal, challenging the impugned judgment dated 23.12.2015 passed by learned Judicial Magistrate Ist Class, Rohtak, in criminal complaint No.378 dated 17.05.2013, titled as 'Bhupender Singh v. Manju Aggarwal ' filed under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'N.I.Act') vide which the respondent-accused was acquitted.
(2.) It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is further stated that the impugned judgment passed by learned Judicial Magistrate Ist Class, Rohtak, acquitting the respondent under Section 138 of the N.I.Act, suffers from illegality and irregularity and thus the same deserves to be set aside. It is, therefore, prayed that leave to appeal may be granted. I have heard learned counsel for the applicant and gone through the record.
(3.) From the record, I find that applicant-complainant, Bhupender Singh filed a complaint against respondent-accused, Manju Aggarwal, under Section 138 of the N.I.Act. It is mainly stated in the complaint that the respondent borrowed a sum of Rs.9,50,000/- from the complainant and assured to repay the same within 5-6 months. When the complainant demanded back the said amount, the respondent-accused with a view to clear her liability issued cheque No.008498 dated 30.01.2013 for Rs.9,50,000/- which on presentation for encashment was returned with remarks "payment stopped ". Legal notice was issued to the respondent and when the payment was not made, the complainant filed the complaint.;