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2017 Supreme(P&H) 1516

ARVIND SINGH SANGWAN
Surjit Singh – Appellant
Versus
Harmeet Singh – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. S.S. Joshi, Advocate
For the Respondent:Mr. K.S. Chahal, Advocate

JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. Respondet-Harmeet Singh had faced trial in a complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act' for short) qua dishonour of cheque dated 15.9.2007 in the sum of Rs. 2,00,000/-. The trial Court, vide order dated 10.4.2012, ordered the acquittal of the respondent. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 (‘Cr.P.C.' for short) for grant of leave to appeal.

2. Brief facts of the case are that the petitioner filed a complaint with the allegation that in the month of October, 2006, he had paid an amount of Rs.8,00,000/- to respondent-accused along with his passport, ration card and birth certificate as the accused has promised to send the complainant to South America within 15-20 days. However, accused demanded another sum of Rs.3,00,000/- which was paid by the father of the complainant. However, when the accused could not send the complainant to abroad, he issued seven post dated cheques of Rs. 11,00,000/- in favour of the complainant. The cheque in dispute dated 15.9.2007, for a sum of Rs.2,00,000/-, which was presented by the complainant with the Ba




















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