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2015 Supreme(P&H) 1682

RAMESHWAR SINGH MALIK
Shiv Dial Singh – Appellant
Versus
Jitender Kumar – Respondent


Advocates:
For the Petitioner:Mr. G.C. Shahpuri, Advocate.

JUDGMENT

Mr. Rameshwar Singh Malik, J.: - Applicant, by way of instant application under Section 378 (4) of the Code of Criminal Procedure (for short ‘Cr.P.C.’), seeks leave of this court for filing appeal against the judgement of acquittal dated 10.10.2014, passed by the learned Judicial Magistrate, Ist Class, Bilaspur, whereby complaint of the present applicant under Sections 138/142 of Negotiable Instruments Act was dismissed, by passing the impugned judgement of acquittal.

2. Learned counsel for the applicant submits that the applicant paid an amount of Rs.2,50,000/- to the accused-respondent as a friendly loan. He further submits that the applicant was having sufficient agricultural land and he duly proved his source for the amount in question. After some time, accusedrespondent issued the cheque in question in favour of the applicant. When the cheque was dishonoured for insufficient funds, applicant was left with no other option, except to file the complaint under Sections 138/142 of the Negotiable Instruments Act against the present respondent-accused. Learned counsel for the applicant would further contend that the learned trial court misdirected itself, while not appreciati













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