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2015 Supreme(P&H) 2304

PARAMJEET SINGH
TIRATH KALIA – Appellant
Versus
ANDRESH – Respondent


Advocates Appeared:
For the Appellant : Arvind Kashyap, Adv.

JUDGMENT :

Paramjeet Singh, J.

The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 30.05.2014 passed by the Additional Chief Judicial Magistrate-cum-Presiding Officer, Evening Court, Pathankot whereby complaint filed by the applicant under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') has been dismissed and respondent has been acquitted of the notice of accusation issued against him.

2. Brief facts of the case are that a complaint was filed by the applicant-complainant under Section 138 of the Act with the averments that in discharge of liability towards the complainant, respondent issued cheque bearing No. 514266 dated 02.04.2013 for Rs. 35,000/- in favour of the complainant, but the said cheque was dishonoured on presentation by the complainant in his bank. The same was returned to the complainant by his banker with memo dated 28.06.2003 with the remark "Account closed". He issued legal notice dated 05.07.2013 under Section 138 of the Act but to no effect, therefore, the complaint was filed.

3. On the basis of preliminary evidence, notice of accusation for commissio





























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