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2017 Supreme(P&H) 134

AMOL RATTAN SINGH
Raj Kumar – Appellant
Versus
Ashoka Tyres – Respondent


Advocates Appeared:
For the Appellant :Mr. Sailender Singh, Advocate

JUDGMENT :

AMOL RATTAN SINGH, J.

By this application, the applicant seeks leave to file the accompanying appeal, challenging the judgment of the learned Additional Chief Judicial Magistrate, Rewari, dated 04.12.2013, acquitting the respondents in the accompanying appeal (accused in the complaint filed by the applicant) of the charge of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The facts, as taken from the judgment of the learned ACJM, are that the applicant-complainant (hereinafter to be referred to as the complainant) had stated in his complaint, that on 29.11.2010 the two respondents in the complaint (hereinafter to be referred to as the respondents) had taken a loan of Rs.7.5 lacs from him to purchase wheel alignment machines. In order to discharge that debt, cheque No.169279 dated 29.04.2011 was stated to have been issued for the aforesaid amount of Rs.7.5 lacs, which was presented by the complainant to his bank, i.e. Punjab National Bank Rewari, on 02.05.2011. The cheque is stated to have been returned on 03.05.2011 with the endorsement that the “Drawers' Signature Differs”. It was again presented by the complainant, upon




























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