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2015 Supreme(P&H) 656

RAMESHWAR SINGH MALIK
IndusInd Bank Limited – Appellant
Versus
Amarjeet – Respondent


Advocates:
For the Appellant :Aftab Singh Khara, Advocate
For the Respondents:Saurabh Dalal, Advocate

Rameshwar Singh Malik, J.:-

1. Present application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeking leave to appeal, is directed against the judgment of acquittal dated 24.3.2012 passed by the learned Judicial Magistrate 1st Class, Rohtak, whereby complaint under Section 138 of the Negotiable Instruments Act, ('N.I. Act' for short), filed by the present applicant-complainant, was dismissed and the accused-respondent was acquitted.

2. Shorn of the detailed factual background, it would suffice to note that respondent-Amarjeet Singh entered into a loan agreement dated 18.11.2003, with the applicant for an amount of Rs. 8,25,000/-, for purchase of vehicle Tata LPT2515. The borrower-respondent had been paying the loan amount by way of instalments, as mutually agreed between the parties. However, borrower-respondent allegedly defaulted in making the payment and consequently, he issued cheque dated 18.7.2005 drawn at State Bank of Patiala, for an amount of Rs. 1,91,230/- with a view to discharge his existing liability. The cheque was presented by the complainant, which was received vide memo dated 19.7.2005 with remarks "Account Closed". The applicant iss


























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