Single judge dismissed a leave to appeal application filed by an applicant against an appellate order acquitting a respondent convicted under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque.
Application for leave to appeal dismissed; application for condonation of delay also dismissed.
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CRM No.430 MA of 2012 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.430 MA of 2012 (O&M) Date of decision: 2.8.2012
Ram Niwas
...Applicant
Versus
Vikas Kumar
...Respondent
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Radhe Shyam Sharma, Advocate for the applicant
Jitendra Chauhan, J. (Oral)
The present application for grant of leave to appeal has been filed for setting aside the impugned judgment dated 17.12.2011, passed by the Additional Sessions Judge, Fatehabad, whereby the appeal filed against the judgment of conviction and order of sentence dated 27.9.2008, passed by the Additional Chief Judicial Magistrate, Fatehabad, vide which the respondent was convicted and sentenced to undergo RI for a period of one year and to pay a fine of Rs.2000/-; in default to further undergo RI for two months for the offence punishable under Section 138 of the Negotiable Instrument Act, was allowed.
The brief facts of the case are that the respondent took a friendly loan of Rs.1,60,000/- from the applicant. A cheque bearing No. 038299 dated 7.8.2006, amounting to Rs.1,60,000/- drawn from State of State Bank of Patiala, Fatehabad, was issued by the respondent against the loan advanced by the applicant and the cheque was duly signed by him. On
CRM No.430 MA of 2012 (O&M) 2
presentation to the banker, the same was dishonoured on 25.8.2006 with the remarks of insufficient funds and on assurance, the same was presented again on 10.9.2006 and again it was dishonoured. Applicant issued a legal notice dated 25.9.2006 to the respondent. The applicant filed a complaint before the Chief Judicial Magistrate, Fatehabad. After hearing the learned counsel for the parties and perusing the case file, the trial Court convicted and sentenced the respondent as noticed above. Aggrieved against the said judgment of conviction and order of sentence, the respondent filed an appeal before the first appellate Court, which was allowed and the respondent was acquitted of the charge.
Feeling dissatisfied with the same, the applicant-complainant has filed the present application for grant of leave to appeal against the acquittal of the respondent.
Learned counsel contends that the learned appellate court has wrongly reversed the findings returned by the trial Court. The factum of issuance of cheque and duly signed by the respondent is proved. Heard.
The loan of Rs.1,60,000/- was advanced by the applicant in the
month of March, 2006. As per the complaint, a Cheque Ex.C1 was given to the applicant by the respondent on 7.8.2006, which was dishonoured by the bank due to insufficient funds in the account of the respondent. The applicant when appeared as PW1 deposed in his cross-examination that the respondent had given him the cheque Ex.C1 at the time of taking the loan in the first week of March, 2006. The record was summoned from the Bank
CRM No.430 MA of 2012 (O&M) 3
and the representative of the Bank Mr.Bharat Bhushan Clerk from the State Bank of Patiala was examined as DW1, who on the basis of the bank record deposed that the cheque book bearing Nos. 038276 to 038300 was issued to one Dinesh Kumar after 17.5.2006. The subject matter in the instant petition is cheque No.038299. That being the cheque issued of no means could have been issued by the respondent to the applicant. After rescanning the entire case file, this Court finds no ground to grant leave to appeal. Accordingly, the present application is dismissed.
As the main application for grant of leave to appeal has since been dismissed on merit, therefore, the application for condonation of delay of 6 days in filing the application is also dismissed.
2.8.2012 (JITENDRA CHAUHAN) gsv JUDGE
1 issue framed by the court
Whether leave to appeal against the appellate court's acquittal of the respondent in a cheque dishonour case should be granted.
1 provisions across 1 enactments
Ram Niwas
Vikas Kumar
JITENDRA CHAUHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
